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Judgment
The RP appointed by the Court has filed a report in the form of above application in IB Application filed by the Financial Creditor against personal guarantor. The report is taken on record thereby IA No. 5314/ND/2020 is taken on record and disposed of.
The RP Mr. Vinod Chourasiya along with the Learned Counsel Mr. Ishwar Mohapatra makes submission that the application is time barred. As per the form filed by the applicant the date of default is on 09.05.2015. The parties have undergone arbitration and the arbitration award passed on 25.01.2017. Admittedly the present application against the personal guarantor Mr. Yogesh Kumar Sharma who was one of the respondent being respondent No. 3 in the arbitration award is proceeded against. This application is filed on 24.02.2020 which is beyond limitation and application is time barred.
Considering the submission made and document on record, we reject the main application. We direct the Financial Creditor to pay the fees of the Resolution Professional, as per invoice raised by the Resolution Professional within 10 days from the order. The Resolution Professional is discharged.
IB-606/ND/2020 is dismissed and disposed of.