# In the matter of Apresh Garg Vs Indian Bank (erstwhile Allahabad Bank) & Anr.

> NCLAT judgment dated 2024-02-23. Citation: TCN-2024-NCLAT-00620. This is a Company Appeal (AT) (Insolvency) No. 396 of 2024 before the National Company Law…

- **Court:** NCLAT
- **Order date:** 23 Feb 2024
- **Citation:** TCN-2024-NCLAT-00620
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/apresh-garg-vs-indian-bank-9dee13e6

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 396 of 2024 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. The appeal involves Apresh Garg as the Appellant and Indian Bank (Erstwhile Allahabad Bank) & Anr. as the Respondents.

## Facts

Apresh Garg has filed a Company Appeal (AT) (Insolvency) No. 396 of 2024 against Indian Bank (Erstwhile Allahabad Bank) & Anr. The appeal is being heard by the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. Dr. Abhishek Manu Singhvi, Senior Counsel, argued on behalf of the Appellant, while Mr. Rajesh Kumar Gautam represented the Indian Bank. The court has listed the appeal for further consideration on 29.02.2024 and has ordered that the Committee of Creditors (CoC) shall not be constituted until the next date. This suggests a dispute related to insolvency proceedings where the formation of the CoC is being contested.

## Issues and analysis

### Issue 1: Whether the appeal filed by Apresh Garg …

**Ratio:** The maintainability of an appeal depends on the specific provisions of the Insolvency and

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**Reasoning:** The court's decision to hear arguments from both sides and list the appeal for further

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**Interpretation:** The IBC provides a framework for the resolution of insolvency and bankruptcy

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**Application:** In this case, the fact that the NCLAT has scheduled a hearing indicates that it

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Apresh…
- **Respondents:** Indian Bank…
- **Advocates:** Abhishek Manu…; Mohit Cha…; +10 more

## Timeline

- **2024-02-23 — Arguments Co…**: Dr. Abhishek Manu Singhvi commenced arguments on behalf of the Appellant. Mr. Rajesh…
- **2024-02-29 — Next Hearin…**: Appeal listed for…

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