# In the matter of WESTERN INDIA METAL PROCESSORS LIMITED

> NCLT judgment dated 2025-11-19. Citation: TCN-2025-NCLT-01768. The Liquidator of the Corporate Debtor requested a replacement due to ill health, which was…

- **Court:** NCLT
- **Order date:** 19 Nov 2025
- **Citation:** TCN-2025-NCLT-01768
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/western-india-metal-processors-limited-f0f980cd

## Summary

### Background

The Liquidator of the Corporate Debtor requested a replacement due to ill health, which was presented to the Committee of Creditors (CoC).

## Facts

The Liquidator requested a replacement due to ill health.

The matter was presented to the Committee of Creditors (CoC).

The Liquidator informed the CoC that ill health prevented him from continuing the liquidation process.

The Liquidator requested the members of CoC to accept his resignation.

Mr. Ramesh Bhosale, the erstwhile Liquidator, is directed to handover all records to the newly appointed Liquidator.

Mr. Ramesh Bhosale is discharged from his duties and responsibilities as the Liquidator.

Shree Brijendra Kumar Mishra is appointed as the new Liquidator.

## Issues and analysis

### Issue 1: Whether the Liquidator can be …

**Ratio:** Yes, the Liquidator can be replaced if they are unable to perform their duties due to ill

…

**Reasoning:** The Liquidator's inability to continue the liquidation process due to ill health

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**Interpretation:** The Tribunal has the power to replace a Liquidator who is unable to perform

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**Application:** The application to replace

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## Parties

- **Judges:** SANJIV…; ASHISH…
- **Appellants:** Benteler Trading…
- **Respondents:** Western India…
- **Other parties:** Brijendra Kumar…; Trisha G…; +1 more
- **Advocates:** Trisha G…

## Timeline

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

## 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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