# 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-05123. The case involves multiple IAs (Interlocutory Applications) filed under Section 9 of the…

- **Court:** NCLT
- **Order date:** 10 Jan 2023
- **Citation:** TCN-2023-NCLT-05123
- **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-d2c173b8

## Summary

### Background

The case involves multiple IAs (Interlocutory Applications) filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. These applications relate to the Corporate Insolvency Resolution Process (CIRP) of Jakson Engineers Limited. The CoC passed a resolution to replace the IRP, Amar Gopal Gambhir, with Rajiv Bhatnagar. One IA sought payment of fees to the ex-IRP.

## Facts

Jakson Engineers Limited is undergoing CIRP under Section 9 of IBC, 2016. Amar Gopal Gambhir was initially appointed as the IRP. The CoC passed a resolution to replace Amar Gopal Gambhir with Rajiv Bhatnagar, supported by 100% voting. The ex-IRP filed an IA (IA-1327/2022) seeking payment of his professional fees and expenses, claiming he represented several times to the CoC but payment was not made. The court considered several IAs related to the CIRP process, including the appointment of the new RP and the cooperation required from the respondents.

## Issues and analysis

### Issue 1: Whether the resolution passed by the CoC to replace the IRP, Amar Gopal Gambhir, with Rajiv …

**Ratio:** The CoC has the authority to replace the IRP with a new RP, provided the decision is made

…

**Reasoning:** The court considered the resolution passed by the CoC with 100% voting in favor of

…

**Interpretation:** The CoC's decision-making power in replacing the IRP is upheld, emphasizing the

…

**Application:** The court applied the principle that the CoC's decision should be respected and

…

## Parties

- **Judges:** L. N. G…; Sh. Ashok Kumar…
- **Appellants:** M/s. Jakson…
- **Respondents:** M/s. UM Green…; M/S UM GREEN…
- **Advocates:** Amar Gopal…; Navneet…; +2 more

## Timeline

- **2022-02-11 — CoC Meet…**: Meeting held where the CoC passed a resolution replacing Mr. Amar Gopal Gambhir with Mr.…
- **2023-01-10 — Order Del…**: Order delivered by the NCLT regarding the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/um-green-lighting-pvt-ltd-ia-743132713552110-2880-2022-in-ib-2581-nd2019-d2c173b8