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2025 Supreme(Online)(NCLT) 5026

NATIONAL COMPANY LAW TRIBUNAL
SH. PRAVEEN GUPTA, SH. ASHISH VERMA, JJ
HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED – Appellant
Versus
SANDESH CHANDRA GUPTA – Respondent


Advocates:
For the Appellants/Petitioners: Sh. Harikesh Anirudhan, Sh. Sushil Kumar, Sh. Akshat Bajpai, Ms. Vidhi Suthar
For the Respondents: Ms. Muskan Nayak, Ms. Bharti Nawlani, Ms. Damini Nagar, Ms. Gurleen Kaur

Table of Content
1. authority of financial creditor to request rp replacement. (Para 3 , 6)
2. application for replacing rp in insolvency proceedings. (Para 4)
3. notice issuance and procedural requisites. (Para 5 , 7)
4. tribunal's discretion on rp replacement. (Para 9)
5. final conclusion on resolving replacement applications. (Para 12 , 13 , 14)

ORDER

ITEM NO.113- IA No.574/2025

1. This application has been filed under Section 60 (5) of the Code for seeking to replace the RP appointed in the present petition filed by the Financial Creditor against the Personal Guarantor. The relief as prayed for is at Page No.4 which reads as under:

PRAYER

In light of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon’ble Tribunal may kindly be pleased to-

1. Allow the present Application;

2. Pass an order for appointment of Megha Agrwal as a Resolution Professional, having Registration No.IBBI/IPA-001/IP- P01456/2018-2019/12272, address at 001, Shivranjini Apartments, In Circle of Congress Nagar Garden, Congress Nagar, Nagpur- 440012 (M.S.), in the place of Mr. Rakesh Kumar Gupta.

3. Pass any other/further order(s) as this Hon’ble Tribunal may deem fit, in the interest of ju

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