# In the matter of Nibula Print And Pack Pvt. Ltd. IA No. 5161-(ND)-2021 in C.P. No. (IB)-1138-(ND)-2018

> NCLT judgment dated 2022-03-04. Citation: TCN-2022-NCLT-03887. The case involves an application filed by Mr. Itenderpal Singh, the Ex-Director of the…

- **Court:** NCLT
- **Order date:** 4 Mar 2022
- **Citation:** TCN-2022-NCLT-03887
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nibula-print-and-pack-pvt-ltd-ia-no-5161-nd-2021-in-cp-no-ib-1138-nd-2018-1248830a

## Summary

### Background

The case involves an application filed by Mr. Itenderpal Singh, the Ex-Director of the suspended management of the Corporate Debtor, Nibula Print & Pack Pvt. Ltd., under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules 2016. The application seeks directions against Sh. Ashok Kriplani, the Resolution Professional (RP) of the Corporate Debtor. The applicant alleges biased conduct by the RP, improper CIRP conduct, and seeks access to documents/information. The applicant also requests consideration of CA 1522 of 2019. The applicant seeks permission to file a resolution plan, claiming wrongful ineligibility under Section 29A(g) of IBC, 2016, and objects to the resolution plan already approved by the CoC.

## Facts

Mr. Itenderpal Singh, the Ex-Director of the suspended management of Nibula Print & Pack Pvt. Ltd. (Corporate Debtor), filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. He sought directions against Sh. Ashok Kriplani, the Resolution Professional (RP). The applicant alleged biased conduct by the RP, improper CIRP conduct, and sought access to documents/information. The applicant also requested consideration of CA 1522 of 2019. The applicant sought permission to file a resolution plan, claiming wrongful ineligibility under Section 29A(g) of IBC, 2016, and objects to the resolution plan already approved by the CoC. The outcome of this IA may have bearing on the Resolution Plan already filed by the RP vide CA-512 of 2019, which is

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## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) acted in a biased manner towards the ex-management of the …

**Ratio:** The principle of impartiality and fairness in the conduct of CIRP by the Resolution

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**Reasoning:** The applicant alleges that the RP's conduct reflects bias in tone and language, violating

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**Interpretation:** The interpretation revolves around the RP's duty to act impartially and fairly

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**Application:** The applicant's specific allegations of biased conduct need to be assessed

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## Parties

- **Judges:** SH. BHASKARA…; SH. L. N.…
- **Appellants:** Itenderpal…
- **Respondents:** Nibula Print &…; Sh. Ashok K…

## Timeline

- **2022-03-04 — Order Del…**: Order was delivered on…
- **2022-03-07 — Matter L…**: The matter was listed before the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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