# In the matter of Rushabh Civil Contractor Private Limited

> NCLT judgment dated 2025-04-21. Citation: TCN-2025-NCLT-00202. The case involves an Interlocutory Application filed by Pratiti Trading Private Limited seeking…

- **Court:** NCLT
- **Order date:** 21 Apr 2025
- **Citation:** TCN-2025-NCLT-00202
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rushabh-civil-contractor-private-limited-32b4f614

## Summary

### Background

The case involves an Interlocutory Application filed by Pratiti Trading Private Limited seeking the replacement of the Interim Resolution Professional (IRP) of the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor on 27.06.2022, and Mr. Debi Prasanna Sarangi was appointed as the IRP. He filed a report certifying the constitution of the Committee of Creditors (CoC) on 14.12.2024. The first meeting of the CoC was held on 20.12.2024, during which the IRP expressed difficulties in continuing with the assignment and requested to be relieved from his duties.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against a Corporate Debtor on 27.06.2022. Mr. Debi Prasanna Sarangi was appointed as the Interim Resolution Professional (IRP). Mr. Sarangi certified the constitution of the Committee of Creditors (CoC) on 14.12.2024. The first CoC meeting was held on 20.12.2024, where Mr. Sarangi expressed difficulties in continuing as IRP. The CoC unanimously resolved to appoint Mr. Sandeep Jayant Kulkarni as the Resolution Professional (RP). Mr. Kulkarni provided his written consent. Pratiti Trading Private Limited filed an Interlocutory Application seeking the replacement of the IRP. The application was filed under Section 22 of the Insolvency and Bankruptcy Code, 2016. The key fact is that the IRP wanted to be

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## Issues and analysis

### Issue 1: Whether the Interlocutory Application seeking replacement of the Interim Resolution Professional …

**Ratio:** Section 22 of the Insolvency and Bankruptcy Code, 2016 allows for the replacement of the

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**Reasoning:** The court considered the submissions and averments made in the Interlocutory Application

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**Interpretation:** Section 22 provides the legal basis for replacing an IRP with an RP, ensuring

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**Application:** The court applied Section 22 to the facts of the case, where the IRP expressed

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## Parties

- **Judges:** SH. PRABHAT…; SH. MOHAN PRASAD…
- **Appellants:** Pratiti Trading…
- **Respondents:** Gajendra Investmen…

## Timeline

- **2022-06-27 — CIRP Init…**: The Corporate Insolvency Resolution Process…
- **2022-06-27 — Appointment…**: Mr. Debi Prasanna Sarangi was appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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