In the matter of Sidbi v. Anny Johnson, [Cp (IB)/06(CHE)/2023]
Case brief
What is this about?
A Division Bench of the NCLT ordered the appointment of a Resolution Professional to examine an application under Section 95(1) of the IBC filed by SIDBI against a personal guarantor. The court followed the Supreme Court in Dilip B. Jiwrajka to schedule a report/hearing.
What did the court decide?
Appointment of Mr. K.J. Vinod as Resolution Professional; listing for report/hearing on 15.03.2024.
What the court decided
IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – II, CHENNAI CP (IB)/06(CHE)/2023
(Filed under Section 95(1) of the Insolvency and Bankruptcy Code, 2016)
SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI) Head office at SIDBI Tower, 15 Ashok Marg, Lucknow-226001. Specialized Assets recovery branch Overseas Towers, 756L, Anna Salai (Opp TVS), Chennai- 600 002 …Applicant/Financial Creditor
- Versus-
Smt ANNY JOHNSON w/o Mr T Johnson No 106 J/66, Millerpuram, Thoothukudi (Tuticorin)- 628 008. … Respondent/ Personal Guarantor
Order pronounced on 16th February 2024
CORAM
SHRI. JYOTI KUMAR TRIPATHI, MEMBER (JUDICIAL) SHRI. RAVICHANDRAN RAMASAMY, MEMBER (TECHNICAL)
Present:
For Petitioner : Shiva Kumar and Suresh Advocates.
Issues for consideration
3 issues framed by the court
Whether the application under Section 95(1) of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor can be accepted.
Whether the appointment of a Resolution Professional under Section 97 is required to collate facts before the Adjudicating Authority decides.
Whether natural justice principles are violated by the examination of the application by the Resolution Professional.
Parties & counsel
- applicant
SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA
- respondent
SMT ANNY JOHNSON
Coram
JYOTI KUMAR TRIPATHI
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court