# Benteler Trading International GMBH vs. Western India Metal Processors Limited

> NCLT judgment dated 19 Nov 2025. Citation: TCN-2025-NCLT-01844. The Liquidator filed an application requesting to be discharged from their duties due to ill…

- **Court:** NCLT
- **Order date:** 19 Nov 2025
- **Citation:** TCN-2025-NCLT-01844
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/benteler-trading-international-gmbh-vs-western-india-metal-processors-limited-26c043e1

## Summary

### Background

The Liquidator filed an application requesting to be discharged from their duties due to ill health. The matter was presented before the CoC, and the Liquidator expressed their inability to continue the liquidation process. The Liquidator requested the members of SCC to accept their resignation.

## Facts

The Liquidator requested a replacement due to ill health.

The matter was put up before the CoC.

The Liquidator informed the SCC of their inability to carry out liquidation activities.

The Liquidator requested the members of SCC to accept the resignation.

Mr. Ramesh Bhosale is the erstwhile Liquidator of the Corporate Debtor.

Mr. Brijendra Kumar Mishra is appointed as the new Liquidator.

The newly appointed liquidator is Shree Brijendra Kumar Mishra (IBBI/IPA-002/IP-N00109/2017-2018/10257).

## Issues and analysis

### Issue 1: Whether the liquidator's request for …

**Ratio:** A liquidator can be replaced if they are unable to perform their duties due to valid

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**Reasoning:** The liquidator's ill health prevents them from effectively carrying out the liquidation

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**Interpretation:** The tribunal interprets the IBC to allow for the replacement of a liquidator to

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**Application:** The liquidator's request is justified due to ill health, and the tribunal's

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## Parties

- **Judges:** SANJIV…; ASHISH…
- **Appellants:** Benteler Trading…
- **Respondents:** Western India…
- **Other parties:** Insolv…; Liquida…; +3 more

## Timeline

- **2025-11-19 — Order Sheet of…**: Order sheet of hearing…

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