Tribunals and CommissionsDivision Bench(2020) 03 NCLT CK 0442

CFM Asset Reconstruction Pvt. Ltd. vs Yogesh Kumar Sharma

National Company Law Tribunal · Decided on 2 March 2020

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (J) · Shri Hemant Kumar Sarangi, Member (T)
RESULT
Allowed
CASE NUMBER
(IB)-606/(ND)/2020

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Judgment

2 paragraphs · 176 words

The present application is filed by one of the Financial Creditors, against personal guarantor of Corporate Debtor M/s SNY Travels Solutions India Pvt. Ltd., under Section 95(1) of I&B Code. The learned counsel states that name of the IRP has not been proposed by the applicant, hence the same be appointed by the Bench and seeks to invoke Section 96 for Interim Moratorium. Considering the submissions made by the learned counsel that the copy of this application are already been served to the present respondent, personal guarantor as well as to the original Corporate Debtor and in view of neither CIRP nor liquidation process pending against the said Corporate Debtor, we pass the following order

We admit the application for the purpose of Section 96 to initiate Interim Moratorium and appoint Mr. Vinod Kumar Chaurasia, IP Registration No. IBBI/IPA-001/IP-P00100/2017-18/10200, Email ID:- cavinodchaurasia@gmail.Com as IRP of the present personal guarantor, Mr. Yogesh Kumar Sharma. As a consequence, the provisions of Section 96 are invoked and shall come in force. IRP to submit his report. Adjourned to 26.03.2020.