Tribunals and CommissionsDivision Bench(2024) 01 NCLT CK 3175

Axis Bank Limited vs Rameshkumar Veljibhai Patel

National Company Law Tribunal · Decided on 17 January 2024

HON’BLE JUDGES
Chitra Hankare, Member (J) · Dr. Velamur G Venkata Chalapathy, Member (T)
CASE NUMBER
C.P. (IB)/18(AHM)2024

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Judgment

8 paragraphs · 243 words

ORDER

This application has been filed u/s 95 of IBC, 2016 by the creditor against the Personal Guarantor of Ambition Mica Limited.

From the records, it is seen that the Personal Guarantor has executed a deed of guarantee on 30.03.2018. The amount of default is Rs. 23,55,97,901/-

An affidavit has been filed by the applicant that notice has been served on the personal guarantor. The applicant issued demand notice under Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for IRP for Personal Guarantor to Corporate Debtor) Rules, 2019 to the Personal Guarantor on 18.04.2023. The date of default is mentioned in the application is 17.06.2022.

All the defences raised by the creditor will be considered when the report is filed by the Resolution Professional and matter is taken up for admission / rejection u/s 100 of the IBC, 2016.

Accordingly, We hereby appoint Mr. Rathin Amishbhai Majmudar having Registration No. IBBI/IPA-001/IP-P-02576/2021-2022/13928 as the Resolution Professional in respect of Personal Guarantor.

Resolution Professional is required to examine the application as set out in Section 97(6) of IBC, 2016 and file a report recommending for approval or rejection of the application within a period of 10 days in terms of Sec 99 of IBC 2016 by separate IA and serve a copy to the respondent. Applicant to serve a copy of this application to the Resolution Professional for preparing report u/s 99 of IBC, 2016.

The application filed is admitted and disposed-off.