Tribunals and CommissionsDivision Bench(2023) 12 NCLT CK 3209

Indian Bank vs Ms. Anjanee Kumar Lakhotia

National Company Law Tribunal · Decided on 5 December 2023

HON’BLE JUDGES
Bachu Venkat Balaram Das, Member (Judicial) · Atul Chaturvedi, Member (Technical)
CASE NUMBER
IA-6380/2023 in IB-654/PB/2023

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Judgment

10 paragraphs · 205 words

ORDER

IA-6380/2023:-

This IA has been filed by the Respondent seeking dismissal of IB-654/PB/2023, in view of the judgment passed by the Hon’ble Supreme Court of India Writ Petition (C) No. 1281 of 2021 in the case of Dilip B Jiwrajka vs. Union of India & Ors., reported in 2023 SCC OnLine SC 1530 decided on 09.11.2023. We do not feel it appropriate to entertain this application at this stage. The Applicant will have the chance of audience before the Resolution Professional.

Therefore, IA-6380/2023 is dismissed.

IB-654/PB/2023;-

This application has been filed under Section 95(1) of IBC, 2016 seeking initiation of Insolvency Process against the Personal Guarantor for alleged default for an amount of Rs. 162,29,74,514/- as on 30.05.2022.

Heard the submissions made by Ld. Counsel. The Applicant has not proposed the name of any Resolution Professional. We, therefore appoint Mr. Roshan Lal Jain, having Registration No. IBBI/IPA-001/IP-P00966/2017-2018/11587 as the Resolution Professional. The Resolution Professional shall submit a report as stipulated under Section 99 of IBC, 2016.

It is needless to mention that interim moratorium has kicked in, in terms of Section 96 of IBC.

A copy of the order shall be forwarded by the Registry to the Resolution Professional.

List the matter on 02.01.2024.