Can an Operational Creditor who has not proposed the name of IRP in the application filed u/s 9 of IBC seek modification the order proposing an IRP’s name even NCLT already appointed an IRP from IBBI list? – Mr. Dalip Narinder Gupta Vs. M/s. M. K. Printech Pvt. Ltd. – NCLT New Delhi Bench Court-II
An application filed by the Operational Creditor seeking to rectify/ modify the order dated 20.09.2022 to the extent of appointing Mr. Hans Raj Boghra as the IRP. The Operational Creditor has not proposed the name of any IRP in the application filed under Section 9 of IBC, 2016. However, he submitted separately by an affidavit the name of Mr. Hans Raj Boghra as IRP. NCLT held that as the order dated 20.09.2022 has already been passed appointing Mr. Anish Kumar Sanghi as IRP from the list of IPs provided by IBBI, we are not inclined to modify the order at this stage.