# In the matter of UM Green Lighting Pvt. Ltd. IA-743,1327,1355,2110 & 2880-2022 in (IB)-2581 (ND)2019

> NCLT judgment dated 2023-01-10. Citation: TCN-2023-NCLT-05129. The case involves multiple IAs (Interlocutory Applications) filed under Section 9 of the IBC…

- **Court:** NCLT
- **Order date:** 10 Jan 2023
- **Citation:** TCN-2023-NCLT-05129
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/um-green-lighting-pvt-ltd-ia-743132713552110-2880-2022-in-ib-2581-nd2019-7b5bedab

## Summary

### Background

The case involves multiple IAs (Interlocutory Applications) filed under Section 9 of the IBC (Insolvency and Bankruptcy Code), 2016. These applications pertain to the corporate insolvency resolution process (CIRP) of Jakson Engineers Limited. The IAs address issues such as the replacement of the Interim Resolution Professional (IRP), payment of fees to the ex-IRP, and cooperation with the newly appointed Resolution Professional (RP).

## Facts

Jakson Engineers Limited is undergoing a Corporate Insolvency Resolution Process (CIRP) under the IBC, 2016. Several Interlocutory Applications (IAs) were filed in connection with this CIRP. The CoC passed a resolution to replace the existing IRP, Mr. Amar Gopal Gambhir, with Mr. Rajiv Bhatnagar, with 100% voting in favor. An ex-IRP filed an IA (IA-1327/2022) seeking payment of professional fees and expenses, stating that the CoC has not made the payment despite multiple representations. The court considered these IAs and passed orders accordingly. The IA-743/2022 was filed in view of the resolution passed by the CoC replacing the IRP. The IA-1355/2022 was filed to ensure cooperation with the newly appointed RP.

## Issues and analysis

### Issue 1: Whether the appointment of Mr. Rajiv Bhatnagar as the Resolution Professional (RP) should be …

**Ratio:** The resolution passed by the CoC with 100% voting in favor of replacing the IRP is a

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**Reasoning:** The court considered the CoC's decision to replace the IRP with Mr. Rajiv Bhatnagar. The

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**Interpretation:** Section 22(3) of IBC, 2016 allows the CoC to replace the IRP. The court

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**Application:** The court applied the CoC's resolution to the specific facts of the case,

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## Parties

- **Judges:** Shri. L. N.…; SHRI. ASHOK KUMAR…
- **Appellants:** M/s. Jakson…
- **Respondents:** Jakson Engineers…; M/S UM GREEN…

## Timeline

- **2022-02-11 — CoC Meet…**: Meeting held where the CoC passed a resolution to replace Mr. Amar Gopal Gambhir with Mr.…
- **2023-01-10 — Order Del…**: The order was delivered by the NCLT,…

## 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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