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

> NCLT judgment dated 2022-04-05. Citation: TCN-2022-NCLT-03369. The case involves Commet Resources [P] Ltd. versus Robotics Infratech Pvt. Ltd. under Section 9…

- **Court:** NCLT
- **Order date:** 5 Apr 2022
- **Citation:** TCN-2022-NCLT-03369
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/robotics-infratech-pvt-ltd-cp-ib-520kb2019-5cd61a3b

## Summary

### Background

The case involves Commet Resources [P] Ltd. versus Robotics Infratech Pvt. Ltd. under Section 9 of the IBC. Mr. Birendra Kumar Tripathi was initially appointed as the Interim Resolution Professional (IRP). However, due to health reasons (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). Due to undergoing surgery, Mr. Tripathi expressed his inability to continue as IRP and requested the appointment of a replacement. Mr. Ashish Goyal was then appointed as the new IRP. The Operational Creditor is required to hand over all documents related 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 initial IRP can be …

**Ratio:** An IRP can be replaced if they are unable to perform their duties due to valid reasons

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**Reasoning:** The court acknowledged Mr. Birendra Kumar Tripathi's inability to continue as IRP due to

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**Interpretation:** This demonstrates the court's flexibility in ensuring the smooth continuation

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**Application:** In this case, the court applied the principle by accepting Mr. Tripathi's

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## Parties

- **Judges:** RohitKa…; Harish Chander…
- **Appellants:** COMMET RESOURCES…
- **Respondents:** ROBOTICS INFRATECH…

## Timeline

- **2022-02-25 — Order Da…**: Order was issued appointing Mr.…
- **2022-04-05 — Hearing…**: Hearing held on 05th April, 2022, where Mr. Birendra Kumar Tripathi requested to be…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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