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TMI Blog2022 (4) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 and when the matter is taken up for admission or rejection under Section 100 of IBC, 2016. The Hon'ble NCLAT, Principal Bench, in the matter of RAVI AJIT KULKARNI, PERSONAL GUARANTOR OF PRATIBHA INDUSTRIES LIMITED AND ORS. VERSUS STATE BANK OF INDIA [ 2021 (9) TMI 60 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI ] has held that once an Application under Section 95 of IBC, 2016 is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Interim Resolution Professional. - CP/IB/220/CHE/2021 - - - Dated:- 24-3-2022 - Sucharitha R., Member (J) And Sameer Kakar, Member (T) For the Appellant : B. Raghavulu Naidu, Advocate For the Respondents : T. K. Bhaskar, Advocate ORDER Sucharitha R., Member (J) 1. This application has been filed under Section 95(1) of the Insolvency and Bankruptcy Code, 2016 against the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ped set filed along with the Application. 5. The Demand Notice which was issued under Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 to the Personal Guarantor on 08.12.2020 is also placed on record at Pg. Nos. 57 to 59 and acknowledgment of receipt is placed at 60 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assets of the Corporate Debtor was declared as NPA on 10.09.2013 and if the said date is construed as date of default then the present Application is barred by limitation. 8. All the defences raised by the Corporate Debtor will be considered at the time when the RP files his report under Section 99 of IBC, 2016 and when the matter is taken up for admission or rejection under Section 100 of IB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resolution Professional in respect of the Personal Guarantor Mr. A. James Walter. 11. The Financial Creditor is also directed to serve a copy of this Application to the Interim Resolution Professional for preparing the Report under Section 99 of IBC, 2016. 12. The Resolution Professional is required to examine the Application as set out in Section 97(6) of IBC, 2016 and after examining the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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