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National Company Law Appellate Tribunal

Devendra Padamchand Jain vs Committee Of Creditors (Coc) Of The ... on 3 December, 2018

            NATIONAL COMPANY LAW APPELLATE TRIBUNAL
                          NEW DELHI

           Company Appeal (AT) (Insolvency) No. 748 of 2018


IN THE MATTER OF:

Devendra Padamchand Jain                                ...Appellant

Versus

Committee of Creditors (CoC) of
Corporate Debtor,
Tirpuati Commodities Impex Pvt. Ltd.                    ...Respondent

Present:

For Appellant :          Mr. Rajesh Bohra, Mr. Dilip Raghuvanshi and
                         Mr. Aditya Narayan, Advocates

                               ORDER

03.12.2018 This appeal has been preferred by the 'Interim Resolution Professional' against the order dated 15th November, 2018 whereby and whereunder the 'Committee of Creditors' by 83% majority voting share appointed one Mr. Vikas Gupta as a 'Resolution Professional'.

The appellant, Mr. Devendra Jain, initially appointed as 'Interim Resolution Professional' and after completion of the period, the matter was taken up by the 'Committee of Creditors' who decided to appoint one Mr. Vikas Gupta with 83% voting share.

Learned counsel appearing on behalf of the appellant submits that the appellant is an experienced 'Resolution Professional' and had already worked as 'IRP' in number of cases but such ground cannot be accepted to allow the appellant to continue as the 'Committee of Creditors' being decided by 83% -2- voting share to appoint one Mr. Vikas Gupta as 'Resolution Professional'. We find no grounds in this appeal. It is dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson [ Justice Bansi Lal Bhat ] Member (Judicial) /ns/uk/ Company Appeal (AT) (Insolvency) No. 748 of 2018