NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Arun Baroka (Member (Technical)) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Prakash Shanker Mishra – Appellant
Versus
Ashok Kriplani – Respondent
JUDGMENT
ASHOK BHUSHAN, J.
This Contempt Application has been filed by Ex-Resolution Professional of Corporate Debtor – Dreamz Infra India Ltd. Praying for initiation contempt proceedings for violation of order dated 13.01.2021 of this Tribunal passed in Company Appeal (AT) (Ins.) No.34 of 2020 against both the Members of Adjudicating Authority, i.e. Respondent No.1 – Ms. T Krishna Valli, Member (Judicial), NCLT, Kochi Bench and Shri Manoj Kumar Dubey, Member (Technical), NCLT Bengaluru Bench.
2. Brief facts of the case necessary to be noticed for deciding this Contempt Application are as follows:
(i) Corporate Insolvency Resolution Process (“CIRP”) of Dreamz Infra India Ltd. in CP(IB)84/2019 commenced vide order dated 20.08.2019 passed by Adjudicating Authority Bengaluru Bench in which the Applicant was appointed as Interim Resolution Professional.
(ii) On 09.11.2019, Committee of Creditors (“CoC”) passed a resolution replacing the Applicant and appointing one Mr. Konduru Prasanth Raju (“K.P. Raju”), as RP. The Adjudicating Authority vide order dated 17.12.2019 did not approve the resolution of CoC and offered the Applicant to work as RP at the fixed rate of Rs.6.75 lakhs per month.
(ii
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