The case involves an application (IA/148/CHE/2022) filed under Rule 154 of NCLT Rules, 2016, read with Rule 11 of NCLT Rules, 2016, and Section 98(1) of the IBC, 2016, seeking rectification of an earlier order dated 04.02.2022. The applicant sought to rectify the order to appoint Mr. G. Ramachandran as the Resolution Professional instead of Mr. AmierHamsa Ali Abbas Rawther. The issue arose because the applicant/creditor inadvertently filled in the name of the Insolvency Professional in Part IV of Form-C, which is only required when the application is filed through the Insolvency Professional, not the creditor.
The applicant filed an application seeking to rectify an order dated 04.02.2022, which appointed Mr. AmierHamsa Ali Abbas Rawther as the Resolution Professional. The applicant claimed that the appointment was based on an error in filling Form-C, where the applicant inadvertently indicated that the application was filed through an Insolvency Professional, when it was actually filed by the Creditor. The Senior Counsel for the Applicant brought to the Tribunal's notice Regulation 4(1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtor) Regulations, 2019, which states that an Interim Resolution Professional appointed for the Corporate Debtor cannot act as an Insolvency Professional for the Personal
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Order passed by the Tribunal appointing Mr.…
Hearing of IA/148/CHE/20…
The case involves an application (IA/148/CHE/2022) filed under Rule 154 of NCLT Rules, 2016, read with Rule 11 of NCLT Rules, 2016, and Section 98(1) of the IBC, 2016, seeking rectification of an earlier order dated 04.02.2022. The applicant sought to rectify the order to appoint Mr. G. Ramachandran as the Resolution Professional instead of Mr. AmierHamsa Ali Abbas Rawther. The issue arose because the applicant/creditor inadvertently filled in the name of the Insolvency Professional in Part IV of Form-C, which is only required when the application is filed through the Insolvency Professional, not the creditor.
The applicant filed an application seeking to rectify an order dated 04.02.2022, which appointed Mr. AmierHamsa Ali Abbas Rawther as the Resolution Professional. The applicant claimed that the appointment was based on an error in filling Form-C, where the applicant inadvertently indicated that the application was filed through an Insolvency Professional, when it was actually filed by the Creditor. The Senior Counsel for the Applicant brought to the Tribunal's notice Regulation 4(1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtor) Regulations, 2019, which states that an Interim Resolution Professional appointed for the Corporate Debtor cannot act as an Insolvency Professional for the Personal
…Order passed by the Tribunal appointing Mr.…
Hearing of IA/148/CHE/20…