Tribunals and CommissionsDivision Bench(2022) 06 NCLT CK 0576

Central Bank Of India Limited vs Nayan Bheda

National Company Law Tribunal · Decided on 9 June 2022

HON’BLE JUDGES
H.V. Subba Rao, Member (J) · Chandra Bhan Singh, Member (T)
CASE NUMBER
C.P.(IB)-422(MB)/2022

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Judgment

6 paragraphs · 197 words

ORDER

Counsel appearing for the Petitioner filed service affidavit dated 27.05.2022 along with postal receipt, track report evidencing the service of notice on the Respondent for today’s hearing. As per the track report, notice is duly served on the Respondent/Personal Guarantor. However, none appeared on behalf of Respondent.

The above Company Petition is filed by Financial Creditor directly without suggesting the name of Resolution Professional for initiation of Insolvency Resolution process against the Respondent/Personal Guarantor under Section 95 of the Code.

The learned counsel appearing for the Financial Creditor invited the attention of this Bench to the demand notice dated 17.08.2021 along with track report dated 23.08.2021 under which the demand notice was duly served on the personal guarantor/respondent. The counsel appearing for the Financial Creditor further submits that the CIRP order against the Corporate Debtor is also passed which was stayed by the Hon’ble Supreme Court.

After hearing the counsel appearing for the Petitioner and upon perusing the above documents, this Bench appoints Mr. Hitesh Kothari having Registration No. IBBI/IPA-002/IP-N00324/2017-2018/10929 ([email protected]) (9702246060) as Resolution Professional.

Resolution Professional is hereby directed to examine the petition and file his report within 10 days. List this matter on 15.07.2022.