Whether Resolution Professional can remove COC member for non-payment of CIRP cost?

 

 








Hon’ble IBBI In the matter of Mr. Yogesh Kumar Gupta, No. IBBI/DC/109/2022 dated 01/07/2022 held that the Code/Regulations do not envisage removal of any CoC member on non-payment of CIRP cost. This is blatant violation of the provisions of the Code and Regulations made therein. If such kind of action is permitted, then RPs would abuse their powers by removing CoC members. Hence, DC finds that Mr. Gupta has violated section 21(2) of the Code

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