# In the matter of U.N. AUTOMOBILES PRIVATE LIMITED

> NCLT judgment dated 2025-09-26. Citation: TCN-2025-NCLT-01426. An Interlocutory Application was filed under Section 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 26 Sept 2025
- **Citation:** TCN-2025-NCLT-01426
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-jaipur/un-automobiles-private-limited-90eb4593

## Summary

### Background

An Interlocutory Application was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, by the Suspended Board of M/s U.N. Automobile Private Limited against the Interim Resolution Professional and Bank of Baroda, seeking the removal of the IRP and quashing of certain actions.

## Facts

The applicant, Amit Prakash Gupta, is the suspended director of the corporate debtor, U.N. Automobiles Pvt. Ltd.

The CIRP was initiated on 28.08.2024.

Satyendra Prasad Khorania was appointed as the Interim Resolution Professional (IRP).

Bank of Baroda is the sole member of the Committee of Creditors (CoC).

The applicant alleges that the IRP mechanically admitted an inflated claim of Rs. 250.09 Crores submitted by Bank of Baroda.

The applicant claims that the IRP failed to disclose his relationship with Bank of Baroda, as he is a promoter/director of Enforcement Affiliates Pvt. Ltd., which is empanelled by Bank of Baroda as a recovery agent.

The IRP disclosed that he is an empanelled Insolvency Professional with Bank of Baroda.

…

## Issues and analysis

### Issue 1: Whether the IRP/RP has a conflict of interest due to his relationship with the Financial Creditor, …

**Ratio:** The Code of Conduct for Insolvency

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**Reasoning:** The IRP/RP's role is to act as a neutral and independent officer of the court,

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**Interpretation:** The IRP/RP's conduct violates the Code of Conduct and undermines the objectives

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**Application:** The Adjudicating Authority has lost complete faith and confidence in the

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## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Appellants:** Amit Prakas…
- **Respondents:** U.N. Automobiles…; Satyendra Prasad…; +1 more
- **Other parties:** Arvind Ka…
- **Advocates:** Karan Prata…; Amol…; +3 more

## Timeline

- **2024-08-28 — Initiation…**: Corporate Insolvency Resolution Process (CIRP) in respect of the Corporate Debtor was…
- **2024-08-30 — Public Annou…**: Non-Applicant No. 1 issued a public announcement dated 30.08.2024 as per Section 15 of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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