# In the matter of Parimal Chandra Dhar vs. Small Industries Development Bank of India

> NCLAT judgment dated 2024-04-05. Citation: TCN-2024-NCLAT-00534. This is a Company Appeal (AT) (Insolvency) No. 652 of 2024 filed against an order dated…

- **Court:** NCLAT
- **Order date:** 5 Apr 2024
- **Citation:** TCN-2024-NCLAT-00534
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/parimal-chandra-dhar-vs-small-industries-development-bank-of-india-a7b7df37

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 652 of 2024 filed against an order dated 13.12.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench Court VI, which appointed a Resolution Professional on a Section 95 application filed by the Financial Creditor. The appellant challenges the order, arguing that the demand notice was not served and an OTS proposal is under consideration. The Financial Creditor refuted this submission, stating that there are no OTS under consideration.

## Facts

Parimal Chandra Dhar filed an appeal against an order passed by the Adjudicating Authority (NCLT, Mumbai Bench) on 2023-12-13. The order appointed a Resolution Professional based on a Section 95 application by the Financial Creditor, Small Industries Development Bank of India. The appellant, Parimal Chandra Dhar, argued that a demand notice was not served and that an OTS proposal was under consideration. The Financial Creditor refuted this claim. The appeal was filed under Company Appeal (AT) (Insolvency) No. 652 of 2024.

## Issues and analysis

### Issue 1: Whether the appeal challenging the order dated 2023-12-13 on the grounds submitted by the Appellant …

**Ratio:** The Supreme Court in 'Dilip B Jiwrajka Vs Union of India and Ors.' has already decided

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**Reasoning:** The court relied on the Supreme Court's decision, stating that the issues raised by the

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**Interpretation:** The Supreme Court's ruling in 'Dilip B Jiwrajka Vs Union of India and Ors.'

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**Application:** The court applied the Supreme Court's ruling to the present case, determining

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Parimal Chandra…
- **Respondents:** Small Industries…
- **Advocates:** Priyanka…; Rakesh J…; +2 more

## Timeline

- **2023-12-13 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench Court VI, passed…
- **2023-11-09 — Supreme Court…**: The Supreme Court decided the case of 'Dilip B Jiwrajka Vs Union of India and Ors.',…

## 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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