NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI (APPELLATE JURISDICTION)

Company Appeal (AT) (CH) (Ins) No.152/2023 (IA No.502/2023) In the matter of:

V. Nagarajan Resolution Professional now as Liquidation of M/s. Cethar Limited New No. 29, Kavarai Street, West Mambalam, Chennai – 600 033 … Appellant V ICICI Bank Ltd.

Represented by its Manager, Having its Registered Office at No. 1, Cenetoph Road, Teynampet, Chennai – 600 018 … Respondent Present :

For Appellant : Mr. Santhosh, Advocate For Respondent : Mr. E. Om Prakash, Senior Advocate For M/s. Shivakumar & Suresh, Advocates

J U D G M E N T

(Hybrid Mode)

Per : Justice Sharad Kumar Sharma, Member (Judicial):

1. A very vital issue had came up for consideration before this Appellate Tribunal in the shape of the instant Company Appeal, from the impugned order. That is in relation to the restrictions which are being imposed against the Counsel representing the cause of the Appellant, owing to fact that the Advocate Mr. R. Subramaniam, who was representing the cause of the Appellant, was himself was a Judgment Debtor and had a conflicting interest, was rendered non-suited to represent the cause of the Appellant as a Professional.

The Liq