# In the matter of Puja Ghai, CP (IB) No. 13/Chd/Pb/2021

> NCLT judgment dated 2022-03-24. Citation: TCN-2022-NCLT-03546. The case pertains to CP (IB) No. 13/Chd/Pb/2021 under Section 94(1) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 24 Mar 2022
- **Citation:** TCN-2022-NCLT-03546
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/puja-ghai-cp-ib-no-13chdpb2021-5d5bd9ca

## Summary

### Background

The case pertains to CP (IB) No. 13/Chd/Pb/2021 under Section 94(1) of the Insolvency and Bankruptcy Code, 2016. Puja Ghai, PG, Priknit Retails Ltd. is the petitioner. The proposed IRP, Mr. Pawan Sharma, is present and his antecedents have been verified in other petitions. The petitioner's counsel has sought permission to file the vakalatnama and compliance affidavit.

## Facts

Puja Ghai, PG, Priknit Retails Ltd. filed a petition under Section 94(1) of the Insolvency and Bankruptcy Code, 2016. Mr. Pawan Sharma is proposed as the Interim Resolution Professional (IRP). The Registry has already verified Mr. Sharma's antecedents in other petitions. The petitioner's counsel requested permission to file the vakalatnama and compliance affidavit. The court found no adverse remarks against Mr. Sharma. The court appointed Mr. Pawan Sharma as the Resolution Professional and directed him to comply with Section 99 of the Code. Respondents No. 1 to 3 were directed to file their response within three weeks.

## Issues and analysis

### Issue 1: Whether Mr. Pawan Sharma should be appointed as …

**Ratio:** The court has the discretion to appoint a Resolution Professional based on the facts and

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**Reasoning:** The court considered that Mr. Pawan Sharma's antecedents had already been verified by the

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**Interpretation:** The court interpreted the relevant provisions of the Insolvency and Bankruptcy

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**Application:** The court applied the ratio to the specific facts of the case, noting the

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Puja Ghai, PG,…
- **Respondents:** Priknit Retails…; Vijiyesh Malhotra…

## Timeline

- **2022-03-24 — Order Da…**: The court appointed Mr. Pawan Sharma as the Resolution Professional and directed him to…
- **2022-05-23 — Next Hearin…**: The case was listed for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94(1) — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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