# In the matter of Indian Bank vs. Aman Hospitality Private Limited

> NCLAT judgment dated 2025-08-07. Citation: TCN-2025-NCLAT-00455. The appeal challenges an order by the Adjudicating Authority (National Company Law Tribunal,…

- **Court:** NCLAT
- **Order date:** 7 Aug 2025
- **Citation:** TCN-2025-NCLAT-00455
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/indian-bank-vs-aman-hospitality-private-limited-38e987ff

## Summary

### Background

The appeal challenges an order by the Adjudicating Authority (National Company Law Tribunal, Principal Bench, New Delhi) in I.A. No.4394 of 2024 in C.P. (IB)-220(PB)/2024. The appellant had filed the application for amending part - IV of Form - 1 under Section 7 of IBC, 2016.

## Facts

The Board of Directors of Indian Bank resolved on 06.11.2014 to adopt a Uniform Power of Attorney for issue to confirmed Officers/Executives.

On 24.11.2014, the Chairman and Managing Director nominated the General Manager (HRM) and Deputy General Manager (HRM) of the Appellant as the authority for issuing Power of Attorney.

On 26.7.2023, Arvind Misra and Venkatachalam, General Manager (HRM) and Deputy General Manager (HRM) respectively, executed a Power of Attorney authorizing Shri Navjeet Nirala, the Chief Manager of the bank.

The Adjudicating Authority contended that the General Manager (HRM) and Deputy General Manager (HRM) should have been specifically named, not merely nominated by their office, for executing the power of attorney.

## Issues and analysis

### Issue 1: Whether the power of attorney appointing Shri Navjeet …

**Ratio:** Nominating an authority or officer by their office is valid enough since there is

…

**Reasoning:** The Board Resolution dated 06.11.2014 granted the Chairman of the Bank, or, in his

…

**Interpretation:** The document of power of attorney is a document appointing an agent and here

…

**Application:** There is no legal bar for vesting an authority to execute power of attorney

…

## Parties

- **Judges:** N. Sesha…; Arun Ba…
- **Appellants:** Indian…
- **Respondents:** M/s. Aman…
- **Advocates:** Gautam Aw…; Ayush Cho…; +5 more

## Timeline

- **2025-03-25 — Order Da…**: Order passed by the Adjudicating Authority (National Company Law Tribunal, Principal…
- **2014-11-06 — Board Reso…**: Board of Directors of Indian Bank resolved…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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