# In the matter of Manish Mahendra Somani vs. Bank of Baroda & Ors.

> NCLAT judgment dated 2025-12-17. Citation: TCN-2025-NCLAT-00604. These are twin appeals arising out of two separate orders of the Adjudicating Authority dated…

- **Court:** NCLAT
- **Order date:** 17 Dec 2025
- **Citation:** TCN-2025-NCLAT-00604
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/manish-mahendra-somani-vs-bank-of-baroda-ors-a38c4e17

## Summary

### Background

These are twin appeals arising out of two separate orders of the Adjudicating Authority dated 17.04.2025 in I.A. No. 337 of 2025 in CP (IB) No. 14 of 2024 and I.A. No. 336 of 2025 in CP (IB) No. 13 of 2024. The separate petitions which the appellants had filed under Section 94 IBC were dismissed.

## Facts

The appellants filed separate petitions under Section 94 IBC on 04.10.2023.

On 16.01.2024, the Adjudicating Authority appointed a Resolution Professional and directed the appellants to serve copies of their petitions on the RP.

The appellants did not comply with the direction to serve copies of their petitions on the RP.

The Financial Creditor filed I.A. No. 337 of 2025 and I.A. No. 336 of 2025 seeking a direction to the RP to file its report under Sec. 99 of IBC.

On 04.04.2025, the Adjudicating Authority ordered notice on the applications filed by the Financial Creditor.

On 17.04.2025, the RP did not appear, and the Adjudicating Authority dismissed the petitions filed by the appellants under Section 94 IBC.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in dismissing the petitions filed under Section 94 …

**Ratio:** The Adjudicating Authority cannot take a decision under Sec. 100 IBC, and the decision to

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**Reasoning:** The report of the RP is essential for the Adjudicating Authority to make a decision under

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**Interpretation:** The Adjudicating Authority should have waited for the RP to submit the report

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**Application:** The Adjudicating Authority erred in dismissing the petitions without the RP's

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## Parties

- **Judges:** N. Sesha…; Arun Ba…; +1 more
- **Appellants:** Manish Mahendra…; Manoj Mahendra…
- **Respondents:** Bank of B…; Rajendra…
- **Advocates:** Aditya…; Parv V…; +2 more

## Timeline

- **2023-10-04 — Filing of Pe…**: Both appellants filed separate…
- **2024-01-16 — Appointment…**: The Adjudicating Authority appointed a Resolution Professional and directed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94 — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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