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Judgment
ORDER
Ms. Ruchita Jain, Ld. Counsel for the Applicant is present. The present Interlocutory Application has been filed by one of the Creditors, for expediting the hearing of the main Company Petition. The main Company Petition is already listed on Board today. In that view of the matter, the present Interlocutory Application bearing IA No. 2572 of 2023, is disposed of.
Ms. Supriya Majumdar, Ld. Counsel for the Petitioner is present. None present for the Respondent. Notice was inadvertently ordered to the Respondent, Personal Guarantor, even though there was an Appearance through one Mr. Aniruth Purusothaman, on 02.03.2023 and 23.08.2022.
The above Company Petition is filed by STATE BANK OF INDIA (THROUGH RESOLUTION PROFESSIONAL - MR. AJIT KUMAR), for initiation of Corporate Insolvency Resolution Process against Mr. SARANGA A. AGGARWAL, who is the Personal Guarantor of the Corporate Debtor.
Notice sent through Registry on the Respondent/Personal Guarantor, is returned with an endorsement, “Addressee Left”.
Learned counsel appearing for the Petitioner invited the attention of this Bench to the Guarantee Agreement dt. 18.02.2012, executed by the Personal Guarantor on behalf of the Principal Borrower and Demand Notice dt. 11.10.2021, invoking the Guarantee in respect of unpaid debt in default due from A A Estates Pvt Ltd., against the Respondent/Personal Guarantor.
The Petitioner also invited the attention of this Tribunal to the proof of delivery through E-mail Address dt. 18.01.2022, from which it is observed that the Notice was duly served upon the Respondent.
Petitioner submits that Mr. Ajit Kumar having Insolvency Registration No. IBBI/IPA-003/IP-N00062/2017-2018/10548, has given his written consent in “FORM A” to act as Resolution Professional in the matter of Mr. SARANGA A. AGGARWAL.
In that view of the matter, having considered the submissions and upon perusing the above documents, this Bench is of the considered view that the present Company Petition is complete in all aspects as required by law and thus hereby appoints Mr. Ajit Kumar, having Insolvency Registration No. IBBI/IPA-003/IP-N00062/2017-2018/10548, as the Resolution Professional from the list furnished by the Insolvency and Bankruptcy Board of India (IBBI) since the name of the proposed Resolution Professional was suggested by the Petitioner.
Resolution Professional is directed to examine the Petition and file the report within 10 days from the date of this order.
Registry is directed to communicate this order immediately to the Resolution Professional, Mr. Ajit Kumar, having present and business address 1A, Sanskiriti Apartment, GH 22, Sector 56, Gurugram, Haryana- 122 011.
List this mater on 09.10.2023 for submission of the report by the Resolution Professional.