Raghu owns a toy shop at the ground floor of his house in a remote village in the state of Chhattisgarh. He deals in selling toys for kids below 5 years. Due to short circuit in his house, all the toys were destroyed and

CS Professional · Insolvency - Law and Practice · PYQS · June 2023
Raghu owns a toy shop at the ground floor of his house in a remote village in the state of Chhattisgarh. He deals in selling toys for kids below 5 years. Due to short circuit in his house, all the toys were destroyed and he could not recover any of them and suffered a huge loss. He used to purchase the toys from his savings as well as the borrowings from the local lenders. His total outstanding borrowings from the lenders were ₹39,000 including a loan amounting to ₹7,000, he obtained for his elder daughter for her studies. His annual income never exceeded ₹50,000 and only owns a house which is worth ₹20,000. He is also liable to pay a fine to the local court because of the electricity theft he committed 2 years back. Given his financial condition he has still not paid the said fine amounting to ₹5,900. He is now contemplating filing an application before the relevant adjudicating authority for a fresh start process. His wife who is a teacher in a local school has suggested him to nominate her brother Karan, resident of Raipur, to act as a resolution professional and assist Raghu in filing an application for fresh start process. During the discussions between Raghu and Karan, Karan mentioned that in one of the large case, disciplinary committee of the Insolvency and Bankruptcy Board of India has initiated proceedings against him. However, since this is a small case within the family, he can act as resolution professional. Considering the above facts, answer the following questions: (iii) Whether the contention of Karan to act as resolution professional is correct?

Answer & Explanation:

As per Section 82 of the Insolvency and Bankruptcy Code, 2016, when an application for a fresh start process is filed by a debtor through a Resolution Professional (RP): The Adjudicating Authority (AA) must direct the Insolvency and Bankruptcy Board of India (Board) within seven days of receiving the application. The AA will seek confirmation from the Board that there are no disciplinary proceedings against the RP who submitted the application. The Board, upon receiving such a direction, shall communicate to the AA in writing either: Confirming the appointment of the RP who filed the application, or Rejecting the appointment of the RP who filed the application and nominating a suitable RP for the fresh start process. In the given scenario, Karan has disciplinary proceedings initiated against him by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India. His contention that he can act as RP because it's a 'small case within the family' is irrelevant and incorrect. Considering the provisions of Section 82, the Board will not confirm Karan's appointment due to the ongoing disciplinary proceedings. Therefore, Karan's contention to act as a Resolution Professional is not correct .

Topics: Insolvency for Individuals

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