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2025 Supreme(Online)(NCLT) 8221

NATIONAL COMPANY LAW TRIBUNAL
Smt. Lakshmi Gurung, Member (Judicial), Shri Hariharan Neelakanta Iyer, Member (Technical)
Jubin Kishore Thakkar – Appellant
Versus
Ashutosh Agarwala – Respondent


Advocates:
For the Appellants/Petitioners: Adv. Ayush Rajani, Adv. Shyam Kapadia, Adv. Sanaya Patel, Sourasubha Ghosh
For Respondent 1: Adv. Nausher Kohli a/w Pulkitesh Dutt Tiwari i/b Menon& Mankava
For Respondent 2: Adv. Rohit Gupta a/w Adv. Manaswi Agrawal, Adv. Salomi Kalwade i/b Meraki Chambers

ORDER

I.A. No. 59 of 2025

1. This application has been filed by Mr. Jubin Kishore Thakkar, the erstwhile promoter of KLT Automotive and Tubular Products Limited (Corporate Debtor/KLT), against the Resolution Professional of the Corporate Debtor under Section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (the Code) read with Rule 11 of the National Company Law Tribunal Rules, 2016, seeking the following prayers:

a) Remove the Respondent from his role as Resolution Professional of the Corporate Debtor;

b) in the alternative, direct the Committee of Creditors to consider removing the Respondent from his position as Resolution Professional of the Corporate Debtor;

c) direct that the corporate insolvency resolution process of the corporate debtor be stayed pending the hearing of this Application; and d) pass any other orders or directions as this Hon’ble Tribunal deems fit, in the interest of justice.

Brief Facts of the case: -

2. The Corporate Debtor, was admitted into the Corporate Insolvency Resolution Process (CIRP) vide order dated 26.09.2024 of this Tribunal and Mr. Ashutosh Agrawal (‘Respondent No.1’) was appointed as the (IRP). In the first Committee of Creditors Meeti

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