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Tribunals and CommissionsDivision Bench(2023) 12 NCLT CK 3534

Anu Gupta

National Company Law Tribunal · Decided on 12 December 2023

HON’BLE JUDGES
Mahendra Khandelwal, Member (Judicial) · Rahul Bhatnagar, Member (Technical)
CASE NUMBER
CP IB No. 476/ND/2022

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Judgment

9 paragraphs · 306 words

ORDER

PER: RAHUL BHATNAGAR, MEMBER (TECHNICAL)

1.

The present Petition CP (IB) No. 476/ND/2022 is filed under section 94(1) of the Insolvency and Bankruptcy Code, 2016 (‘Code’) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution process for Personal Guarantors to Corporate Debtor) Rules, 2019 (‘Personal Guarantors Rules’) and regulation 4(2) of IBBI (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (‘Personal Guarantors Regulations’) filed by Ms. Anu Gupta, Personal Guarantor of M/s MSGI Metatrae Private Limited (Corporate Debtor) for initiating the Insolvency Resolution Process (‘IR Process’).

2.

The Applicant has filed the present petition seeking insolvency resolution process against itself. On perusal of the records, it is observed that a copy of the application has already been served to the Financial Creditor and the Corporate Debtor for whom the Guarantor is a Personal Guarantor in accordance with Rule 6(2) of the Personal Guarantors Rules.

3.

The applicant has proposed the name of Mr. Manoj Kumar Anand, IBBI Registration No. IBBI/IPA-001/IP-P00084/2017-18/10180, email: [email protected], to act as Resolution Professional. The applicant has filed Authorization for Assignment of the Resolution Professional. The Authorization for Assignment is valid till 21.11.2024.

4.

This Adjudicating Authority hereby appoints Mr. Manoj Kumar Anand as the Resolution Professional in the matter. The Resolution Professional is to file the Assignment Declaration within 7 (seven) days from today with the Registry.

5.

The Resolution Professional is directed to file his report in terms of Section 99 of the Code and the relevant Regulations within the stipulated timeline.

6.

A copy of the Report by the resolution professional under Section 99 to be filed, shall be forthwith provided to the Personal Guarantor and Financial Creditors of the Petitioner.

7.

List the matter on 08.02.2024 for the perusal of the Report of the RP and further proceedings.