# In the matter of Whiskers Infracare Private Limited

> NCLT judgment dated 2024-06-04. Citation: TCN-2024-NCLT-01245. The case involves an application for the replacement of the Interim Resolution Professional…

- **Court:** NCLT
- **Order date:** 4 Jun 2024
- **Citation:** TCN-2024-NCLT-01245
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/whiskers-infracare-private-limited-1b409390

## Summary

### Background

The case involves an application for the replacement of the Interim Resolution Professional (IRP) of the Corporate Debtor under the Corporate Insolvency Resolution Process (CIRP). The CIRP was initiated against the Corporate Debtor on 09.02.2024, and Mr. Raghunath S. Bhandari was appointed as the IRP. The Committee of Creditors (CoC), consisting solely of HDFC Bank Limited, rejected the proposal to appoint the IRP as the Resolution Professional (RP). The CoC then filed an application to replace the IRP with Mr. Subhash Laxminarayan Nathuramka.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Whiskers Infracare Private Limited on 09.02.2024. Mr. Raghunath S. Bhandari was appointed as the Interim Resolution Professional (IRP). The Committee of Creditors (CoC) consists of a sole member, HDFC Bank Limited. The first meeting of the CoC was held on 04.04.2024, where the CoC rejected the proposal to appoint the IRP as the Resolution Professional (RP). The CoC proposed Mr. Subhash Laxminarayan Nathuramka as the new RP and filed an Interlocutory Application (IA 2824/2024) under Section 22(3)(b) of the Insolvency and Bankruptcy Code, 2016, for the replacement of the IRP. Mr. Subhash Laxminarayan Nathuramka has given his written consent in “FORM AA” to act as the RP. The court also considered IA

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## Issues and analysis

### Issue 1: Whether the application for replacement of the Interim Resolution Professional (IRP) by the …

**Ratio:** Section 22(3)(b) of the Insolvency and Bankruptcy Code, 2016, allows the Committee of

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**Reasoning:** The court considered the submissions and perused the averments made in the Interlocutory

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**Interpretation:** Section 22(3)(b) grants the CoC the power to replace the IRP, reflecting the

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**Application:** The CoC, being the sole member HDFC Bank Limited, exercised its right under

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Respondents:** Whiskers Infracare…

## Timeline

- **2024-02-09 — Initiation…**: Corporate Insolvency Resolution Process…
- **2024-02-09 — Appointment…**: Mr. Raghunath S. Bhandari appointed as…

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