9911796707
TMI Blog2022 (5) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... person Dr. Alok Srivastava, Member Technical and Shreesha Merla, Member Technical For the Applicant: Mr. Siddharth Silwal, Mr. Vikas Dutta, Advocates. For the Respondent: Mr. Ashwini Kr. Singh, Advocate, Mr. Amit Ojha, Advocate for R2. ORDER Heard Learned Counsel for the Appellant and Learned Counsel for the Respondents. 2. This Appeal has been filed against the order dated 15.02.2022 passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and thereafter Application was filed on which Resolution Professional who was named in the Application has been appointed. 5. We have considered the submissions of the Learned Counsel for the parties and perused the record. 6. Learned Counsel for the Appellant has placed reliance on the judgment of this Tribunal in "Mr. Ravi Ajit Kulkarni vs. State Bank of India- Company Appeal (AT) (Ins.) No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is contemplated is that the application in Form C should be "submitted" and then the Creditor should serve forthwith a copy of the application to the Guarantor and the Corporate Debtor for whom the Guarantor is a Personal Guarantor. The procedure thus prescribed will give the Personal Guarantor notice of the application already filed before the Adjudicating Authority. Section 95(5) requires Cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 which ought to be decided by giving hearing to parties keeping in view Application, evidence collected and report under Section 99." 7. This Tribunal has already in the above judgment in para 44 has observed that a Corporate Debtor is entitled for limited notice by the Adjudicating Authority before stage for admission or rejection comes. 8. In the present case, the Appellant has been served c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either of the parties and it is for the Adjudicating Authority to pass appropriate order after considering the report of the Resolution Professional under Section 100. 9. Learned Counsel for the Appellant seeks liberty to submit representation before the Resolution Professional with regard to the facts of the Appellant's case. It is open for the Appellant to give Application/ Representation to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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