# In the matter of ADVANCE POWERINFRA TECH LIMITED

> NCLT judgment dated 2025-07-28. Citation: TCN-2025-NCLT-01229. The case pertains to the removal of the existing liquidator, Ms. Sonu Jain, of the Corporate…

- **Court:** NCLT
- **Order date:** 28 Jul 2025
- **Citation:** TCN-2025-NCLT-01229
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/advance-powerinfra-tech-limited-eead37f1

## Summary

### Background

The case pertains to the removal of the existing liquidator, Ms. Sonu Jain, of the Corporate Debtor, Advance Power Infra Limited, due to her failure to discharge her duties under the Insolvency and Bankruptcy Code, 2016 and relevant regulations. The Disciplinary Committee of IBBI suspended her registration for one year.

## Facts

The Disciplinary Committee of IBBI has suspended the registration of the Liquidator, Ms. Sonu Jain, for a period of one year vide order dated 06.03.2025.

The Liquidator was appointed on 26.09.2019 and has allegedly failed to discharge her statutory duties under the Insolvency and Bankruptcy Code.

The Corporate Debtor sought the removal of the Liquidator due to her alleged failure to discharge her duties.

The Tribunal considered the Disciplinary Committee Report of IBBI.

Mr. Rajesh Lihala was appointed as the new liquidator.

## Issues and analysis

### Issue 1: Whether the Tribunal has the power to remove …

**Ratio:** The Tribunal has the power to dismiss the Liquidator under Section 33 and 34 of IBC,

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**Reasoning:** Section 16 of the General Clauses Act, 1897 states that the authority which has the power

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**Interpretation:** The Adjudicating Authority, being vested with the power to appoint a

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**Application:** The Tribunal applied this principle to

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## Parties

- **Judges:** Labh S…; Rekha Kantilal…
- **Appellants:** Ankit K…
- **Respondents:** Advance Power…; Advance Powerinfra…
- **Other parties:** Rajesh L…; Sonu…
- **Advocates:** Rahul Parasrampuri…; Namrrataa…

## Timeline

- **2019-09-26 — Appointment of…**: Ms. Sonu Jain was appointed as…
- **2025-03-06 — IBBI Ord…**: The Disciplinary Committee of IBBI passed an order suspending the registration of Ms.…

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