# In the matter of State Bank of India Vs. Awaiz Ahamed, CP(IB) No. 8/BB/2021

> NCLT judgment dated 2022-06-23. Citation: TCN-2022-NCLT-02085. State Bank of India filed an application to replace the Resolution Professional (RP) Mr.…

- **Court:** NCLT
- **Order date:** 23 Jun 2022
- **Citation:** TCN-2022-NCLT-02085
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-awaiz-ahamed-cp-a9ca77b5

## Summary

### Background

State Bank of India filed an application to replace the Resolution Professional (RP) Mr. Hemchandra in CP(IB)No.08 of 2021, citing his personal medical issues. The CP was admitted, and Mr. Hemchandra was initially appointed as RP to conduct the CIRP process against the Corporate Debtor.

## Facts

State Bank of India, the Financial Creditor, filed CP(IB)No.08 of 2021 under Section 95(1) of the IBC, 2016. The application sought to replace the existing RP, Mr. Hemchandra, due to his personal medical issues. Mr. Hemchandra was initially appointed as RP following the admission of the CP. The court considered the application and the reasons provided, including the written consent of the proposed new RP, Mr. Ravindra Beleyur. The Corporate Debtor is implied as the subject of the CIRP process, but not explicitly named.

## Issues and analysis

### Issue 1: Whether the existing Resolution Professional (RP) …

**Ratio:** An RP can be replaced if there are valid reasons, such as medical issues, that prevent

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**Reasoning:** The court considered the application and the reasons provided, including the existing

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**Interpretation:** This interprets the provisions of the IBC to allow for the replacement of an RP

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**Application:** The court applied this principle by accepting the reasons provided for the RP's

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## Parties

- **Judges:** Ajay Kumar…; Manoj Kumar…
- **Appellants:** State Bank of…
- **Respondents:** Awarz A…

## Timeline

- **2021-01-01 — CP(IB)No.08/BB/2021…**: CP(IB)No.08 of 2021 was filed by State Bank of…
- **2021-12-02 — CP Admission & RP…**: The CP was admitted, and Mr.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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