# In the matter of Anita Goyal & Ors. vs. Vistra ITCL (India) Ltd. & Anr.

> NCLAT judgment dated 2025-01-23. Citation: TCN-2025-NCLAT-00252. These are two appeals filed by the Personal Guarantors of Corporate Debtor Nivaya ASL Pvt.…

- **Court:** NCLAT
- **Order date:** 23 Jan 2025
- **Citation:** TCN-2025-NCLAT-00252
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anita-goyal-ors-vs-vistra-itcl-09a79e51

## Summary

### Background

These are two appeals filed by the Personal Guarantors of Corporate Debtor Nivaya ASL Pvt. Ltd. against the admission of Section 95 applications under the Insolvency and Bankruptcy Code (IBC) by the Adjudicating Authority. Vistra ITCL (India) Ltd. filed applications against Anita Goel (CP(IB) No.214/(PB)/2024) and Ayush Goel (CP(IB) No.213/(PB)/2024). The Adjudicating Authority appointed a Resolution Professional (RP), which was challenged in previous appeals that were dismissed. Subsequently, the RP submitted a report recommending admission under Section 95, which was admitted by the Adjudicating Authority on 04.12.2024.

## Facts

Vistra ITCL (India) Ltd. filed applications under Section 95 of the Insolvency and Bankruptcy Code, 2016 against Anita Goyal (CP(IB) No.214/(PB)/2024) and Ayush Goel (CP(IB) No.213/(PB)/2024), who are the Personal Guarantors of Corporate Debtor Nivaya ASL Pvt. Ltd. The Adjudicating Authority appointed a Resolution Professional (RP) on 29.04.2024. Ayush Goel and Anita Goyal filed Company Appeal (AT) (Ins.) No.1284 and 1306 of 2024 challenging the appointment of RP, which were dismissed by this Tribunal on 19.07.2024. Subsequent to the order dated 19.07.2024, the RP submitted a Report recommending admission of Application under Section 95. The Adjudicating Authority admitted CP(IB) No.214/(PB)/2024 and CP (IB) No.213/(PB)/2024 under Section 100 of the IBC on 04.12.2024.

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## Issues and analysis

### Issue 1: Whether the NCLT has jurisdiction to entertain Section 95 applications against Personal Guarantors …

**Ratio:** Section 60(1) of the IBC provides that the NCLT is the Adjudicating Authority for

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**Reasoning:** The court relied on previous judgments of this Tribunal and the Supreme Court, which have

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**Interpretation:** Section 60(1) of the IBC designates the NCLT as the adjudicating authority for

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**Application:** The court applied the ratio to the facts of the case, holding that the NCLT has

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Anita G…
- **Respondents:** Nivaya ASL Pvt.…; Vistra ITCL…

## Timeline

- **2024-04-29 — Appointment…**: The Adjudicating Authority appointed Resolution Professional Shri Vikram Bajaj in…
- **2024-07-19 — Dismissal of…**: Company Appeal (AT) (Ins.) No.1284 and 1306 of 2024 was filed (by Ayush Goel and Anita…

## Legal provisions

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

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