# In the matter of Avasarala Laxmi Anuradha vide C.P.(IB) No. 52-94-HDB-2021

> NCLT judgment dated 2021-07-15. Citation: TCN-2021-NCLT-01736. The case pertains to a Company Petition/Application filed under CP (IB) No. 52/94/HDB/2021. The…

- **Court:** NCLT
- **Order date:** 15 Jul 2021
- **Citation:** TCN-2021-NCLT-01736
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/avasarala-laxmi-anuradha-vide-cpib-no-52-94-hdb-2021-2a25635c

## Summary

### Background

The case pertains to a Company Petition/Application filed under CP (IB) No. 52/94/HDB/2021. The petitioner appeared before the court, while the respondent did not appear, and a reply was not filed on their behalf. The petitioner suggested a name for the Interim Resolution Professional (IRP).

## Facts

The Company Petition/Application No. is CP (IB) No. 52/94/HDB/2021. The company involved is Servomax India Pvt Ltd. The petitioner is Avasarala Lakshmi Anuradha. The respondent is State Bank of India & Servomax India Pvt Ltd. The case is filed under Section 94. The learned counsel for the petitioner appeared in court. No one appeared for the respondent, and no reply was filed on their behalf. The petitioner suggested a name for the Interim Resolution Professional (IRP), who was subsequently appointed by the court. The court directed the IRP to file a report within ten days and issued an interim moratorium in view of Section 96 of the IBC. The respondent was directed to file a reply within two weeks. The matter was adjourned to 2021-08-26.

## Issues and analysis

### Issue 1: Whether an Interim Resolution Professional (IRP) should be appointed based on the petitioner's …

**Ratio:** In insolvency proceedings, the court has the authority to appoint an IRP to manage the

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**Reasoning:** The court reasoned that since the respondent did not appear and failed to file a reply,

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**Interpretation:** This involves interpreting the procedural aspects of the IBC, allowing the

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**Application:** Given the respondent's absence and lack of response, the court applied the

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## Parties

- **Judges:** Shrimadan…; Veera Brahma Rao…
- **Appellants:** Avasarala Lakshmi…
- **Respondents:** Servomax India…; State Bank of…

## Timeline

- **2021-07-15 — Hearing…**: Hearing held on 2021-07-15 at 10:30 AM. Learned Counsel for Petitioner appeared. No one…
- **N/A — IRP Appointment and…**: IRP appointed and directed to file report within ten days. Interim moratorium issued in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 96 — Interim- moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-96)

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