Asif Ahmed Siddique vs Uco Bank & Ors
- CitationCompany Appeal (AT) (Ins) No. 796 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal relies on the Supreme Court's holding in Dilip B. Jiwrajka that, at the stage of appointing a Resolution Professional in personal insolvency proceedings, the Adjudicating Authority need not go into adjudicatory issues, and on that basis declines to entertain the appeal at this stage, leaving the appellant free to raise all issues on admission or rejection of the application under Section 100 of the Insolvency and Bankruptcy Code.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Asif Ahmed Siddique ...Appellants Versus UCO Bank & Ors. ...Respondents
Present: For Appellant : Mr. Anuj Tiwari, Mr. Vaibhav Vats, Ms. Kaanchi Ahuja and Mr. Pawan Kumar Pawan, Advocates. For Respondents : Mr. J. Rajesh Dhrupad Vaghani, Md. Arsalan Ahmed, Mr. Yashwardhan Agarwal, Advocates for R3. Mr. Sidharth S. Kumar and Ms. Prachi Rungta, Advocates for R1.
ORDER
(Hybrid Mode)
23.07.2025: Heard counsel for the Appellant.
2. This appeal has been filed against the order passed by National
Company Law Tribunal, Mumbai Bench, Court-1 in CP (IB) No.
184/MB/2025 filed by UCO Bank against the appellant, the personal
guarantor. By the impugned order Adjudicating Authority has appointed
Resolution Professional, aggrieved by which order this appeal has been filed.
The Hon'ble Supreme Court in Dilip B. Jiwrajka Vs. Union of India & Ors. had
laid down the law with regard to the personal insolvency that "at the stage of
appointment of Resolution Professional no adjudicatory issues need to be
gone into by the Adjudicating Authority."
3. We see no reason to entertain this appeal at this stage. Appellant shall
be at liberty to raise all issues at the time of admission/ rejection of the
application under Section 100 of IBC. We thus dismiss the appeal with the
above
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/NN
2 of 2 Company Appeal (AT) (Ins) No. 796 of 2025
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