# In the matter of Robotics Infratech Pvt. Ltd. C.P. (IB)-520(KB)2019

> NCLT judgment dated 2022-04-05. Citation: TCN-2022-NCLT-03374. The case involves Commet Resources [P] Ltd. versus Robotics Infratech Pvt. Ltd. regarding an…

- **Court:** NCLT
- **Order date:** 5 Apr 2022
- **Citation:** TCN-2022-NCLT-03374
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/robotics-infratech-pvt-ltd-cp-ib-520kb2019-109694cd

## Summary

### Background

The case involves Commet Resources [P] Ltd. versus Robotics Infratech Pvt. Ltd. regarding an application under Section 9 of the IBC. Mr. Birendra Kumar Tripathi was initially appointed as the Interim Resolution Professional (IRP). However, due to undergoing surgery, he is unable to continue in the role and requests the appointment of another IRP.

## Facts

Commet Resources [P] Ltd. initiated a case against Robotics Infratech Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code (IBC). Mr. Birendra Kumar Tripathi was initially appointed as the Interim Resolution Professional (IRP). However, Mr. Tripathi informed the court that he was unable to continue as IRP due to undergoing surgery. He requested the appointment of another IRP in his place. The court then appointed Mr. Ashish Goyal as the new IRP, directing him to submit his consent in 'Form 2' within one week. The Operational Creditor is required to handover all documents relating to the Corporate Debtor to the newly appointed IRP within one week. The main CP is listed on 23/05/2022.

## Issues and analysis

### Issue 1: Whether the request of the initially appointed IRP, Mr. Birendra Kumar Tripathi, to be relieved of …

**Ratio:** An IRP can be relieved of their duties if they are unable to perform them due to valid

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**Reasoning:** The court considered Mr. Tripathi's submission that he had undergone surgery and was

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**Interpretation:** This demonstrates the court's willingness to accommodate genuine difficulties

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**Application:** The ratio is applied to the specific fact that Mr. Tripathi was unable to

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** COMMET RESOURCES…
- **Respondents:** ROBOTICS INFRATECH…

## Timeline

- **2022-02-25 — Initial IRP Ap…**: Mr. Birendra Kumar Tripathi…
- **2022-04-05 — Hearing…**: Hearing held where Mr. Tripathi requested…

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