# In the matter of Superways Enterprises Private Limited IA-2317-2022 in C.P. (IB)-2(MB)2021

> NCLT judgment dated 2022-09-20. Citation: TCN-2022-NCLT-01003. The Interlocutory Application IA 2317 of 2022 was filed under Section 7 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 20 Sept 2022
- **Citation:** TCN-2022-NCLT-01003
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/superways-enterprises-private-limited-ia-2317-2022-in-cp-ib-2mb2021-5ab7e899

## Summary

### Background

The Interlocutory Application IA 2317 of 2022 was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, seeking modification/correction of the Admission Order dated 2022-07-26 and replacement of Mr. Hemendra Paliwal as the Interim Resolution Professional (IRP).

## Facts

An Interlocutory Application (IA 2317 of 2022) was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016. The application sought modification/correction of the admission order dated 2022-07-26 and the replacement of the existing Interim Resolution Professional (IRP), Mr. Hemendra Paliwal. The initial IRP, Mr. Hemendra Paliwal, had previously consented to the role when the Section 7 petition was filed but later withdrew his consent. After reviewing the submissions from the applicant's counsel, the bench determined it appropriate to grant the Interlocutory Application. Consequently, Mr. Devang Subodh Thakar was appointed as the new IRP, replacing Mr. Hemendra Paliwal, who is now required to transfer all relevant documents to the newly appointed IRP. The

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## Issues and analysis

### Issue 1: Whether the Interlocutory Application seeking modification/correction of the Admission Order and …

**Ratio:** The court has the power to modify or correct its orders and to appoint or replace an

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**Reasoning:** The court considered the withdrawal of consent by the initial IRP and the submissions of

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**Interpretation:** This case interprets the court's power under the Insolvency and Bankruptcy

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** ANURADHA SANJAY…; H.V. Subb…
- **Appellants:** PRARTHNA PRIVATE…
- **Respondents:** Superways…

## Timeline

- **2022-07-26 — Admission Ord…**: Date of the Admission Order which was…
- **2022-09-20 — Hearing…**: Date of the hearing of the Mumbai Bench…

## 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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