- (1.) The Company Application bearing CA No. 149/2017 in Ml CP (IB) No. 97/7/HDB/2017, is filed by Macksoft Tech Private Limited, U/s 60 (5) of Insolvency and for r Bankruptcy Code 2016, by seeking suitable directions to replace Mr. Sunderesh Bhatt, Interim Resolution Professional (IRP) in the matter of Quinn Logistics India Private Limited vs. Mack Soft Tech Private Limited with another independent IRP etc
(2.) Heard Mr. Amit Sibal, Senior Advocate, with Mr. Rohan Jaitley, Ms. Ranjana Roy Gawai, Ms. Ferida Satarawala Chopra, Mr. Pervinder, Advocates for the applicant/Corporate Debtor; Mr. Rajeev Nayyar Senior Advocate with Mr. Swapm'l Gupta, Mr. M. Ramu Advocates for the respondent/petitioner(Quinn Logistics) ; Mr. Abhinav Vashist, Senior Advocate for IRP along with Mr. Rahul Dwarkadas, Mr. Joran Diwan, Advocates & Mr. Sundaresh Bhat, IRP (party-in person) ; Mr. Arun Kathpalia, Senior Advocate for Quinn Finance Unlimited Company. And also have carefully perused all pleadings made by respective parties along with extant provisions of IBC, 2016 and the rules made there under.
(3.) This Company Application was heard by the Tribunal and passed interim orders on 15.09.2017 and the case was posted from time to time till today with continuation of above interim orders. The Parties on the earlier occasion were directed to argue the above Company Application finally today. When all the CAs including CA No. 149 of 2017 were taken up for final hearing, the Learned Senior Counsels for the parties submit that the pleadings are yet to complete in all 1,3j] the three CAs and thus requested further time.j However, they agreed that the Tribunal can consider permitting to convene the meeting of the Committee of Creditors (CoC) of the Company by the existing IRP for his replacement.;