Section 98:
Replacement of resolution professional.
(1) Where the debtor or the creditor is of the opinion
that the resolution professional appointed under section 97 is required to be replaced, he may apply to the
Adjudicating Authority for the replacement of such resolution professional.
(2) The Adjudicating Authority shall within seven days of the receipt of the application under
sub-section (1) make a reference to the Board for replacement of the resolution professional.
(3) The Board shall, within ten days of the receipt of a reference from the Adjudicating Authority
under sub-section (2), recommend the name of the resolution professional to the Adjudicating Authority
against whom no disciplinary proceedings are pending.
(4) Without prejudice to the provisions contained in sub-section (1), the creditors may apply to the
Adjudicating Authority for replacement of the resolution professional where it has been decided in the
meeting of the creditors, to replace the resolution professional with a new resolution professional for
implementation of the repayment plan.
(5) Where the Adjudicating Authority admits an application made under sub-section (1) or
sub-section (4), it shall direct the Board to confirm that there are no disciplinary proceedings pending
against the proposed resolution professional.
(6) The Board shall send a communication within ten days of receipt of the direction under
sub-section (5) either—
(a) confirming appointment of the nominated resolution professional; or
(b) rejecting appointment of the nominated resolution professional and recommend a new
resolution professional.
(7) On the basis of the communication of the Board under sub-section (3) or sub-section (6), the
Adjudicating Authority shall pass an order appointing a new resolution professional.
(8) The Adjudicating Authority may give directions to the resolution professional replaced under
sub-section (7)—
(a) to share all information with the new resolution professional in respect of the insolvency
resolution process; and
(b) to co-operate with the new resolution professional in such matters as may be required.