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Appeal Dismissed Due to Valid CoC Authority to Replace RP: NCLAT Delhi

Case Law Details

TaxGuru Citation
2025 taxguru.in 12064
Case Name
Bikram Bhadur Vs Committee of Creditors of Beoworld Pvt. Ltd. & Ors (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
Delhi NCLAT, NCLAT
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Bikram Bhadur Vs Committee of Creditors of Beoworld Pvt. Ltd. & Ors (NCLAT Delhi)

The appellant, a Suspended Director of the Corporate Debtor, challenged the NCLT’s order dated 29.07.2025 approving the Committee of Creditors’ application under Section 27 to appoint a new Resolution Professional, Shri Rakesh Kumar Parakh. The appellant argued that since he had separately challenged the constitution of the Committee of Creditors in a pending appeal, the Committee lacked authority to approve the replacement of the Resolution Professional. After reviewing the submissions and records, the Tribunal held that Section 27 empowers the existing and functioning Committee of Creditors to replace the Resolution Professional with the requisite majority. The mere pendency of an appeal challenging the Committee’s constitution does not invalidate its decision to approve the new appointment. Finding no error in the impugned order, the Tribunal dismissed the appeal. It also clarified that the appointment of the new Resolution Professional would not affect the appellant’s pending challenges.

FULL TEXT OF THE NCLAT JUDGMENT/ORDER

Heard counsel for the appellant.

2. The appeal has been filed by the Suspended Director of the Corporate Debtor challenging the order dated 29.07.2025 passed by the NCLT, New Delhi, Bench-III in I.A. 3611 of 2025. IA was filed by Committee of Creditors under Section27 for approving the appointment of Shri Rakesh Kumar Parakh as the Resolution Professional which application has been allowed. Aggrieved by the said order appellant has come up in this appeal.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,136

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