Sandeep Gupta vs Indian Bank

Sandeep Gupta ...Appellant(s)

Versus

Indian Bank &Anr. ...Respondent(s) Present: For Appellant : Mr. Arun Saxena, Advocate. For Respondents :

ORDER

(Hybrid Mode)

01.05.2025: Heard Ld. Counsel for the Appellant.

2. This appeal has been filed against the order dated 20.03.2025

passed by National Company Law Tribunal, New Delhi, Court-IV in Section

95 application filed by the Indian Bank. By the impugned order the

adjudicating authority has appointed the Resolution Professional. Appellant

aggrieved by the said order has come up in this appeal.

3. Ld. Counsel for the Appellant submits that prior to filing of present

application by Indian Bank the Bank of India has already filed an

application which came to be dismissed by the order of the same date

20.03.2025 hence the application filed by Indian Bank was not

maintainable.

4. Adjudicating Authority in paragraph 7 of the order has already

noticed the Judgment of Hon'ble Supreme Court in 'Dilip B Jiwarjka vs. Union of India &Ors.', it is useful to notice paragraph 7 of the impugned

order which is as follows:

"7. Further, in view of the judgment delivered in 384 petitions by the Hon'ble Supreme Court in Dilip B Jiwarjka vs Union of India &Ors., W.P.(C) No.:1281 of 2021 delivered on 09.11.2023, it is now considered to be a settled position that the question concerning the adjudication of issues between the parties would only arise at the stage of Section 100 and the Resolution Professional is considered to have the exclusive role of a facilitator herein. The Resolution Professional has to submit a report in accordance with the aforementioned section after examining the Application under Section 95 and after giving opportunity to Personal Guarantor".

5. As per the law laid down by the Hon'ble Supreme Court all

adjudicatory issues have to be decided at the time of passing order under

Section 100. The objection which is being raised by the appellant, it is open

for the appellant to raise such objection which need to be considered by the

adjudicating authority at the time of passing order under Section 100.

6. Subject to above observation, we dismiss the appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) sr/nn