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    <title>2023 (1) TMI 393 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>Where the statutory mechanism under the Insolvency and Bankruptcy Code for replacing a Resolution Professional through the Committee of Creditors could not be activated because the CoC was not being convened, the Adjudicating Authority was treated as competent to use its inherent powers to prevent delay in the corporate insolvency process and remove the Resolution Professional. The Tribunal noted repeated failure to hold the first CoC meeting and continued delay despite requests to move a replacement resolution, and it upheld the substitution order on those peculiar facts. The appeal also lacked merit because all affected applicants were not impleaded.</description>
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      <description>Where the statutory mechanism under the Insolvency and Bankruptcy Code for replacing a Resolution Professional through the Committee of Creditors could not be activated because the CoC was not being convened, the Adjudicating Authority was treated as competent to use its inherent powers to prevent delay in the corporate insolvency process and remove the Resolution Professional. The Tribunal noted repeated failure to hold the first CoC meeting and continued delay despite requests to move a replacement resolution, and it upheld the substitution order on those peculiar facts. The appeal also lacked merit because all affected applicants were not impleaded.</description>
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