Case Note & Summary
The case involved appeals filed by Kairav Anil Trivedi, the Resolution Professional (RP) for Jitendra Kikavat, a personal guarantor to Mahavir Roads and Infrastructure Pvt. Ltd., against orders from the National Company Law Tribunal (NCLT). The first appeal challenged an order directing the RP to convene a meeting of creditors, while the second appeal contested his removal as RP. The Appellant argued that his removal was illegal and that he was not obliged to call a meeting of creditors. The Respondents contended that the Appellant had failed to perform his duties, including submitting periodic reports and communicating with creditors. The NCLT had found the Appellant non-cooperative and had appointed a new RP, Prashant Jain, due to the Appellant's failure to comply with orders and his conduct during proceedings. The Appellate Tribunal found that the Appellant had concealed material facts regarding his removal and the decisions of the NCLT. Ultimately, the Tribunal dismissed both appeals, stating that the Appellant, having been removed, had no standing to maintain the appeals, and vacated the interim order previously granted. No costs were imposed, and pending applications were disposed of.
Headnote
A) Insolvency Law - Removal of Resolution Professional - Justification for Removal - Insolvency and Bankruptcy Code, 2016, Section 114(3) - The Appellant was removed due to non-cooperation and failure to convene creditor meetings as directed by the Adjudicating Authority. The Tribunal upheld the removal, stating that the Appellant's conduct warranted a change in the Resolution Professional to ensure smooth insolvency proceedings. Held that the removal was justified (Paras 21-33).
Issue of Consideration
Whether the removal of the Appellant as Resolution Professional was justified and if the appeals could be maintained post-removal.
Final Decision
The Appellate Tribunal dismissed both appeals, stating that the Appellant, having been removed, had no standing to maintain the appeals. The interim order dated 29.05.2026 was vacated, and no costs were imposed.
Law Points
- Insolvency proceedings
- removal of resolution professional
- creditor meetings
- concealment of facts
- compliance with orders
