Amit Goyal Alias Amit Goel vs Bank Of Maharashtra
- CitationCompany Appeal (AT) (Insolvency) No. 1031 of 2024
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
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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