Tribunals and CommissionsDivision Bench(2023) 02 NCLT CK 3448

CFM Asset Reconstruction Pvt. Ltd. vs Sh. Darshan Lal Baweja

National Company Law Tribunal · Decided on 6 February 2023

HON’BLE JUDGES
Ashok Kumar Bhardwaj, Member (J) · L. N. Gupta, Member (T)
CASE NUMBER
IB-13/ND/2023

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Judgment

8 paragraphs · 312 words

The Applicant herein i.e., CFM Asset Reconstruction Pvt. Ltd. has moved the present application against Personal Guarantor to Corporate Debtor Sh. Darshan Lal Baweja, under Section 95 of the IBC, 2016 with a prayer to initiate IR process and appoint an RP. The Applicant has issued an Invocation notice dated 06.07.2022 and also served the copy of the demand notice dated 22.08.2022 on the Respondent on 30.08.2022.

As per provisions of the Law, on filing of this application, the interim moratorium has already commenced as stipulated under Section 96(1)(a) of IBC, in relation to all debts of the Personal Guarantor.

Ld. Counsel Mr. Aditya Narayan Mahajan appearing on behalf of the Applicant submits that the Applicant has not proposed the name of the RP, which may be appointed from the panel of the IBBI. Accordingly, from the panel of IPs suggested by the IBBI, this Bench appoints Mr. Neeraj Bhatia (Email ID nbtrace1@yahoo.com) as Resolution Professional, whose details are given below: IBBI Registration No. : IBBI/IPA-001/IP-P00824/2017-2018/11400 E-mail Address : nbtrace1@yahoo.com Contact Number : 9810317585

The Resolution Professional so appointed shall exercise all the powers as stipulated under Section 99 of IBC, 2016 read with Rules made thereunder. He is directed to examine the application and make recommendations with reasons in writing for acceptance or rejection of the present application within the time stipulated under Section 99 of IBC, 2016.

The Resolution Professional shall give a copy of its Report to the Applicant as well as the Creditors of the Applicant as soon as the same is filed before this Authority.

The Applicant and his counsel are directed to provide the copy of this order along with copy of the application and documents immediately to Mr. Neeraj Bhatia, Resolution Professional for his information and necessary compliance.

The Court Officer is also directed to inform the RP by E-mail.

List the matter on 28.03.2023.