Tribunals and CommissionsDivision Bench(2021) 11 NCLT CK 0307

State Bank Of India vs Asim Jaydev Chandra

National Company Law Tribunal · Decided on 17 November 2021

HON’BLE JUDGES
Madan B. Gosavi, Member (Judicial) · Ajai Das Mehrotra, Member (Technical)
CASE NUMBER
C.P.(IB)/193(AHM)2021

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Judgment

1 paragraphs · 140 words

The instant application is filed under Section 95 of the Code seeking initiation of CIRP against the personal guarantor of the Corporate Debtor. It is brought to our notice that Court-2 has passed the order wherein the maintainability of this application itself has been challenged. However, we are bound by the provisions of Section 97 of IBC, 2016 to issue Interim Moratorium. Learned Counsel for the Applicant states that present application is filed by Financial Creditor and declaration as mentioned in Section 97 of Code with respect to no disciplinary proceedings being pending against the RP is also obtained. Interim Moratorium under Section 96 of the Code shall commence from the date of application. The RP, as suggested by the Applicant, Ms. Vineeta Maheshwari Registration No. IBBI/IPA-001/IP-P00185/2017-18/10364 is directed to file report within one month. Matter stands adjourned to 04.01.2022.