Any application for replacement of Resolution Professional dehors Section 27 process can be entertained only when there are findings on conduct of the Resolution Professional by the Adjudicating Authority or some proved fact – Katra Realtors Pvt. Ltd. Vs. Mr. Rajesh Ramnani, RP of Ansal Urban Condominiums Pvt. Ltd. and Anr. – NCLAT New Delhi
March 15, 2024
Hon’ble NCLAT held that:
(i) It is well settled that Section 27 is enabling provision where replacement of RP can be proceeded.
(ii) Any application for replacement dehors Section 27 process can be entertained only when there are findings on conduct of the Resolution Professional by the Adjudicating Authority or some proved fact, merely on allegation as has sought to be made by the Applicant, the Adjudicating Authority shall not enter into enquiry and decide the allegations for the purpose of deciding the application filed by the Appellant.