# In the matter of Babu Manoharan Jaikumar Christhurajan vs. Umesh Garg & Anr.

> NCLAT judgment dated 2024-11-18. Citation: TCN-2024-NCLAT-00087. The case involves an appeal against an order dated 2022-08-26 passed by the National Company…

- **Court:** NCLAT
- **Order date:** 18 Nov 2024
- **Citation:** TCN-2024-NCLAT-00087
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/babu-manoharan-jaikumar-christhurajan-vs-umesh-garg-anr-da8a4bbb

## Summary

### Background

The case involves an appeal against an order dated 2022-08-26 passed by the National Company Law Tribunal (NCLT), Special Bench-II, Chennai in IA/800(CHE)/2022 in IBA/685/2019 (Chennai Bench). The appellant seeks to admit and allow the present appeal and set aside the impugned order. The appellant's brother has approached him with messages related to the case, seeking advice. The appellant has cleared all dues relating to financial creditors and requests the tribunal to quash the CIRP proceedings, direct the 1st respondent to handover the corporate debtor to the Board as a going concern, direct the appellant to undertake by way of bank guarantee to honour the liquidator cost, and direct the appellant to undertake by way of affidavit and honour the operational creditors

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## Facts

Mr. Babu Manoharan Jaikumar Christhurajan is the appellant in the case. The appeal is against an order dated 2022-08-26 passed by the National Company Law Tribunal (NCLT), Special Bench-II, Chennai. The appellant seeks to quash the CIRP proceedings, handover the corporate debtor to the Board as a going concern, undertake by way of bank guarantee to honour the liquidator cost, and undertake by way of affidavit and honour the operational creditors such as Government Dues and other than workmen and Government Dues as on 2022-03-29. The appellant has cleared all dues relating to financial creditors. The list of creditors as on 2022-03-29 includes financial creditors (Indian Bank and HDFC), operational creditors (Sales Tax Claim and Provident Fund Claim), and other

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Babu Manoharan…
- **Respondents:** Umesh…

## Timeline

- **2022-08-26 — Impugned…**: Order passed by the National Company Law Tribunal, Special Bench-II, Chennai in…
- **2022-03-29 — Creditor Li…**: Date for the list of creditors…

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