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Sanjay Pandurang Kalate vs Indian Bank

National Company Law Appellate Tribunal23 December 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where a personal guarantor challenges the appointment of a Resolution Professional under Part III of the Insolvency and Bankruptcy Code, the adjudicatory issues the guarantor raises, including any claim that he has settled the debt under a one-time settlement, are to be examined by the Adjudicating Authority at the hearing of the application under Section 100, 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 TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 2369 of 2024&I.A. No. 8893 of 2024

IN THE MATTER OF: Sanjay Pandurang Kalate ...Appellant Versus Indian Bank ...Respondent

Present: For Appellant : Mr. Kushal Bansal, Mr. Kiran Shinde and Mr. Anish Ahlawat, Advocates.

For Respondent : Mr. Anant Gautam, Mr. Dinesh Sharma and Mr. Deepanjal Choudhay, Advocates.

ORDER

(Hybrid Mode)

23.12.2024 : This Appeal has been filed against the Order dated

14.11.2024 by the Appellant, Persona Guarantor challenging the Order of the

Adjudicating Authority by which Adjudicating Authority has appointed the

Resolution Professional (RP) in personal insolvency of the Appellant.

2. The law is well settled by the Hon'ble Supreme Court in the matter of

`Dilip B Jiwrajka' Vs. `Union of India & Ors.', in Writ Petition (Civil) No.

1281/2021, that all adjudicatory issues have to be examined at the time of

hearing of Section 100 by the Adjudicating Authority.

3. Learned Counsel for the Appellant submits that the Appellant has

already entered into OTS and he wants to make the payment.

4. It is always open for the Appellant to satisfy the RP that he has made

the payment.

5. We however at this stage are unable to entertain the Appeal leaving, all

questions to be decided at time of Section 100 Application.

With these observations, we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 2369 of 2024 & I.A. No. 8893 of 2024 2 of 2

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