This affidavit-order admits a Section 94 petition filed by a personal guarantor initiating IRP against oneself, appoints the named Resolution Professional, and directs filing of the Section 99 report.
Appointment of Mr. Manoj Kumar Anand as Resolution Professional and direction to file Section 99 report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL COURT-V, NEW DELHI BENCH
CP IB NO. 476/ND/2022
An application under Section 94(1) of the Insolvency and Bankruptcy Code, 2016
IN THE MATTER OF:
Anu Gupta
...Personal Guarantor
E-56, Ground Floor, Greater Kailash, Part-1,
New Delhi-110048
Through Manoj Kumar Anand
3rd Floor, 2nd Community Centre, Naraina, New Delhi-110028 … Applicant/Resolution Professional
Order Delivered on: 12.12.2023
CORAM:
SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL) SHRI RAHUL BHATNAGAR, HON’BLE MEMBER (TECHNICAL)
Appearances (through Video Conferencing/physical hearing)
For the Applicant : Ms. Dyuti Ghai, Adv. For the RP : Mr. Manoj Kumar Anand, RP For the Indian Bank : Mr. Brijesh Kumar Tamber, Mr. Prateek Kushwaha, Advs.
ORDER
PER: RAHUL BHATNAGAR, MEMBER (TECHNICAL)
1
CP IB No. 476/ND/2022 Order Delivered on: 12.12.2023
(‘ Personal Guarantors Rules ’) and regulation 4(2) of IBBI (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (‘ Personal Guarantors Regulations’ ) filed by Ms. Anu Gupta, Personal Guarantor of M/s MSGI Metatrae Private Limited (Corporate Debtor) for initiating the Insolvency Resolution Process (‘ IR Process’ ).
Sd/Sd/(RAHUL BHATNAGAR) (MAHENDRA KHANDELWAL) MEMBER (TECHNICAL) MEMBER(JUDICIAL)
2
CP IB No. 476/ND/2022 Order Delivered on: 12.12.2023
2 issues framed by the court
Whether to admit an insolvency resolution process application filed by a personal guarantor against itself.
Whether to appoint a Resolution Professional in the admitted matter.
1 provisions across 1 enactments
Anu Gupta
Mr. Indian Bank
Mahendra Khandelwal
Rahul Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
