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Mr. Rajbir Singh vs State Bank Of India

National Company Law Appellate Tribunal2 February 2022

Ratio decidendi

The rule this decision rests on

The appeal is dismissed at the threshold because the challenged order under Section 95 of the Insolvency and Bankruptcy Code, 2016 has not yet been followed by admission of the creditor's application; the Appellant's objections on the statutory conditions in Section 95(4)(b) and the forum under Section 60(2) can be raised before the Adjudicating Authority before admission, and the Appellate Tribunal will not entertain an appeal at this interim stage.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 101 of 2022IN THE MATTER OF:

Ranjit Singh ...Appellants

Versus

State Bank of India ...Respondent

Present: For Appellants: Mr. Apoorv Agarwal, Advocate.

For Respondent: Mr. PBA Srinivasan, Mr. Parth Tandon and Ms. P. S. Chandralekha, Advocates.

ORDER

(Virtual Mode)

02.02.2022: Heard learned counsel for the Appellant and Shri PBA

Srinivasan, learned counsel appearing for the Respondent. This Appeal has

been filed against order dated 19.08.2021 passed by the Adjudicating

Authority (National Company Law Tribunal), New Delhi, Bench VI on

application filed by State Bank of India under Section 95 of the Insolvency and

Bankruptcy Code, 2016 (hereinafter referred to as 'Code'). Order has been

passed for making recommendations by the Resolution Professional, Mr.

Deepak Maini within the stipulated time as envisaged under the provisions of

Section 99 of the Code. The Appellant is aggrieved by the impugned order and

challenged the same in this Appeal.

2. Learned counsel for the Appellant submits that the condition as

required under Section 95 sub-section (4) (b) has not been satisfied and

therefore, application could not have been initiated. He further submits that

with regard initiation of proceedings application should have been filed as per

Cont'd.../ 2

Section 60(2). Now the matter has already been transferred to the Principal

Bench, where it is pending.

3. Shri Srinivasan submits that application under Section 95 has not yet

been admitted. It is still pending and Appellant can file his objections before

the Adjudicating Authority before admission of the application.

4. We are of the view, at this stage, this is not a fit case to be entertained

in the appellate jurisdiction of this Tribunal. The Appellant shall be at liberty

to raise all his objections before the Adjudicating Authority on the Application

under Section 95 before its admission. The Appeal is dismissed subject to

liberty as above.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 101 of 2022

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