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Shivraj Siddharam Mhetre vs Union Bank Of India & Anr

National Company Law Appellate Tribunal24 September 2025

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority, having found on the material before it that the financial creditor had proved both debt and default, and having considered the corporate debtor's objections, was right to admit an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 that is complete in all respects; no error lies in admitting it where debt and default are established.

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. 1057 of 2025

IN THE MATTER OF: Shivraj Siddharam Mhetre ...Appellant

Versus

Union Bank of India & Anr. ...Respondents

Present: For Appellant : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Anuj Tiwari, Ms. Shalini Basu, Ms. Kaanchi Ahuja, Mr. Vaibhav Vats, Advocates. For Respondents : Mr. Krishnendu Datta, Sr. Advocate with Ms. Anjali Sharma, Ms. Alina Merin Mathew, Ms. Ragini Vinaik, Advocates for R-1. Mr. Kunal Kanungo, Ms. Tanushree Sogani, Mr. Atishey Jain, Advocates for R-2. Mr. Arvind Nayar, Sr. Advocate with Mr. Vivek Jain, Mr. Swapnil Srivastava, Mr. Jayesh Srivastava, Mr. Rishabh Periwal, Ms. Diksha Dadu, Mr. Akshay Joshi, Advocates for Intervener.

ORDER

(Hybrid Mode)

24.09.2025: Heard learned counsel for the Appellant as well as learned

counsel appearing for the Respondent Bank. This appeal has been filed

against the order passed by the Adjudicating Authority dated 17.07.2025 by

which order Section 7 application filed by the Union Bank of India has been

admitted.

2. The Bank has filed Section 7 application claiming debt and default of

an amount of Rs.56,00,99,701,/-. Reply was filed by the Corporate Debtor

Cont'd.../ and matter was heard. The Adjudicating Authority returned the finding that

Financial Creditor has successfully proved the debt and default. The

objections raised by the Corporate Debtor were also considered. It was held

that the application filed by the Financial Creditor is complete in all respects.

The judgment of Hon'ble Supreme Court in M/s Innoventive Industries Ltd. vs.

ICICI Bank & Anr. as well as judgment of M. Suresh Kumar Reddy vs. Canara

Bank & Ors. was noticed.

3. We are of the view that the Adjudicating Authority having come to the

conclusion that debt and default has been proved, no error has been

committed by the Adjudicating Authority in admitting Section 7 application.

There is no merit in the appeal. Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1057 of 2025 2 of 2

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