# In the matter of Rohit Nath @ Rohit Rabindra Nath Vs. KEB Hana Bank Ltd., C.R.P. (PD) No.1289 of 2021

> HC judgment dated 2021-07-28. Citation: TCN-2021-HC-00020. The Civil Revision Petition was filed to strike off the proceedings in IBC SR No.2643 of 2020,…

- **Court:** HC
- **Order date:** 28 Jul 2021
- **Citation:** TCN-2021-HC-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/rohit-nath-rohit-rabindra-nath-vs-keb-hana-bank-ltd-crp-07ea1f94

## Summary

### Background

The Civil Revision Petition was filed to strike off the proceedings in IBC SR No.2643 of 2020, which resulted in a consequential order dated 22.10.2020, pending on the file of the Debts Recovery Tribunal-II, Chennai. The petitioner, an admitted defaulter, sought to delay repayment by referring to irrelevant judgments and attempting to mislead the court.

## Facts

Rohit Nath, the petitioner, filed a civil revision petition to strike off insolvency proceedings initiated against him by KEB Hana Bank Ltd. The bank had issued a notice on February 18, 2020, under Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process of Personal Guarantors to Corporate Debtors) Rules, 2019, demanding payment as a guarantor. The notice was in accordance with Form B and included details of outstanding amounts and copies of personal guarantee deeds. The petitioner responded with a settlement suggestion, which the bank rejected. The insolvency proceedings were instituted before the Debts Recovery Tribunal, Chennai. The petitioner is an admitted defaulter who obtained a loan in the name of a

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## Issues and analysis

### Issue 1: Whether an individual, in his capacity as a guarantor in connection with credit facilities granted …

**Ratio:** Section 95(1) of the Insolvency and Bankruptcy Code, 2016 allows a creditor to apply to

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**Reasoning:** The court reasoned that the definition of 'Adjudicating Authority' includes the Debts

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**Interpretation:** Section 95(1), read with Section 79(1), permits a creditor to apply to any

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**Application:** In this case, since there was no corporate insolvency resolution process

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## Parties

- **Judges:** Sanjib Ba…; Senthilkumar…
- **Appellants:** Rohit…
- **Respondents:** KEB Hana Ba…
- **Advocates:** Iyengar Shubaranja…; P.Vinod…

## Timeline

- **2020-02-18 — Demand Notice…**: KEB Hana Bank issued a demand notice to Rohit Nath under Rule 7(1) of the Insolvency and…
- **2020-10-22 — Consequential O…**: Date of the consequential order resulting from the IBC proceedings, which the petitioner…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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