# In the matter of Indian Bank vs. K R Tirumuruhan

> NCLAT judgment dated 2025-06-04. Citation: TCN-2025-NCLAT-00011. The Company Appeal (AT) (CH) (Ins) No.150/2025 was filed by the Appellant, Indian Bank,…

- **Court:** NCLAT
- **Order date:** 4 Jun 2025
- **Citation:** TCN-2025-NCLAT-00011
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/indian-bank-vs-k-r-tirumuruhan-8372d32b

## Summary

### Background

The Company Appeal (AT) (CH) (Ins) No.150/2025 was filed by the Appellant, Indian Bank, challenging an Impugned Order dated 06.01.2025 passed by the National Company Law Tribunal (NCLT), Chennai Bench, in CP(IB)80/2024. The NCLT had dismissed the application filed under Section 95 of the Insolvency and Bankruptcy Code (I&B Code) to initiate Insolvency Resolution Process Proceedings against the Respondent, K R Tirumuruhan, determining it to be infructuous and granting liberty to file afresh at a later date.

## Facts

Indian Bank, the Appellant and Financial Creditor, filed Company Appeal (AT) (CH) (Ins) No.150/2025 challenging the order dated 06.01.2025 passed by the National Company Law Tribunal (NCLT), Chennai Bench, in CP(IB)80/2024. The NCLT dismissed Indian Bank's application under Section 95 of the Insolvency and Bankruptcy Code (I&B Code) to initiate Insolvency Resolution Process Proceedings against K R Tirumuruhan, the Respondent, stating that the application was infructuous. The NCLAT noted a similar case, Comp App (AT) (CH) (Ins) No.121/2025, where Indian Bank challenged an order dated 13.12.2024 passed by the NCLT, Chennai Bench, in CP(IB)83/2024. In that case, the application under Section 95(1) of the I&B Code against another personal guarantor was dismissed

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## Issues and analysis

### Issue 1: Whether the NCLT was correct in dismissing the application filed by the Appellant under Section 95 …

**Ratio:** The ratio is based on the interpretation and application of Section 96 of the I&B

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**Reasoning:** The court reasoned that a similar issue had already been considered in Comp App (AT) (CH)

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**Interpretation:** The interpretation of Section 96 of the I&B Code is that once proceedings

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**Application:** The ratio and reasoning were applied to the facts of the case, where the NCLT

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Indian…
- **Respondents:** K R Tirum…

## Timeline

- **2025-01-06 — Impugned Order…**: The National Company Law Tribunal (NCLT), Chennai Bench, passed the Impugned Order in…
- **2024-12-13 — Impugned Order in Comp App (AT) (CH) (Ins)…**: The National Company Law Tribunal, Chennai Bench, passed an Impugned Order in…

## 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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