AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
PER: DR. SANJEEV RANJAN, MEMBER (TECHNICAL)
The Applicant herein viz Mr. Manoj Kumar Mathur and Ms. Smita Mathur (‘Financial Creditors’), has moved the present application u/s 95(1) of IBC, 2016 read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 against Mr. Mohit Singh, Personal Guarantor to M/s. Shipra Estate Limited (‘Corporate Debtor’) with a prayer to initiate IR process and to pass consequent order qua the PG. According to the Ld. Counsel for the applicant, Demand Notice dated 13.02.2023 under clause (b) of sub-Section 4 of Section 95 read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantor to Corporate Debtors) Rules 2019 (ibid) demanding payment of amount of default (in Form-B) is enclosed with the application and is placed on record as Annexure- P-21 at page No. 151-158 of the application.
As per the provision of the Law, on filing of this application, the interim moratorium as stipulated under Section 96(1)(a) of IBC, has already commenced qua all debts of the Personal Guarantor.
As proposed by the Applicants, this Bench appoints Mr. Gaurav Katiyar (Email ID: carkagarwal@gmail.com) as Resolution Professional, whose details are given below:
| IBBI Registration No. | : | IBBI/IPA-001/IP-P002019/2017-2018/10409 |
| E-mail Address | : | cagauravkatiyar@gmail.com |
| Contact Number | : | +91-98189499666 |
The Resolution Professional so appointed shall perform all the functions as stipulated under Section 99 of IBC, 2016 read with Rules made thereunder. He shall also 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 make available a copy of this order along with a copy of the application and documents immediately to Mr. Gaurav Katiyar, Resolution Professional by all modes for information and necessary compliance.
The Petitioner shall also make a copy of the application with all enclosures available to the principal borrower forthwith.
The Court Officer is also directed to inform the RP by E-mail.
List on 23.02.2024