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Amit Goyal Alias Amit Goel vs Bank Of Maharashtra

National Company Law Appellate Tribunal22 May 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The personal guarantor's objections to the appointment of a Resolution Professional under Section 95(1) of the Insolvency and Bankruptcy Code, including non-service of notice and the plea that the debt is time-barred, are adjudicatory issues which are to be examined and decided at the stage of the application under Section 100 of the Code, and not in an appeal against the order appointing the Resolution Professional.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1031 of 2024& I.A. No. 3748 of 2024

In the matter of: Amit Goyal Alias Amit Goel ....Appellant Vs. Bank of Maharashtra & Anr. ...Respondents For Appellant Present but not marked appearance. For Respondents Mr. Siddarth Jain, Advocate

ORDER

(Hybrid Mode)

22.05.2024: This appeal has been filed by personal guarantor

challenging the order dated 09.04.2024 passed by the Adjudicating Authority

(National Company Law Tribunal) Principal Bench, New Delhi, by which in

application filed on behalf of Bank of Maharashtra under Section 95(1),

Resolution Professional has been appointed.

2. Learned Counsel for the Appellant submits that the notice was not

served on the personal guarantor and the debt was barred by time. The

Adjudicating Authority has noticed the judgment of the Hon'ble Supreme

Court in Writ Petition (Civil) No. 1281/2021- "Dilip B Jiwrajka vs. Union of

India" in which judgment Hon'ble Supreme Court has laid down that all

adjudicatory issues have to be examined and considered at the time of Section

100 of the IBC.

2

3. In view of the aforesaid, leaving all contentions of the appellant open,

we dispose of the appeal with liberty to the appellant to raise all objection at

the time of hearing of application at the stage of Section 100.

4. With these observations, appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

Anjali/nn

Company Appeal (AT) (Insolvency) No. 1031 of 2024 & I.A. No. 3748 of 2024

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