In the matter of Lichfl Trustee Co. Pvt. Ltd. v. Harshada Natesh Shinde, Cp (Ib) No 43/MB-IV/2022
Case brief
What is this about?
The NCLT Mumbai Bench, through a one-line order delivered via video conference, admitted an application under Section 95 of the IBC, 2016 against a personal guarantor. The bench appointed an Insolvency Resolution Professional, directed an advance fee payment, and issued standard interim moratorium orders.
What did the court decide?
Appointment of Insolvency Resolution Professional, fixation of fees, advance payment direction, and commencement of interim moratorium under Section 96(1)(a) IBC, 2016.
IN THE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH-IV
CP (IB) No.43/MB-IV/2022
Under Section 95 of the IBC, 2016
Read with
Rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtor) Rules, 2019
In the matter of
LICHFL Trustee Company Private Limited
…Applicant/ Financial Creditor v/s.
Harshada Natesh Shinde
…Personal Guarantor/Respondent
Anudan Properties Private Limited
Issues for consideration
2 issues framed by the court
Whether the application to initiate Corporate Insolvency Resolution Process against a personal guarantor deemed to be admitted under the IBC, 2016.
Whether the demand notice invoked the personal guarantee in compliance with the deed and the Rules, 2019.
Parties & counsel
- applicant
LICHFL Trustee Company Private Limited
- respondent
Harshada Natesh Shinde
Coram
Rajesh Sharma
Case details
As recorded by the court registry
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