# In the mater of State Bank of India Vs. Mrs. Radha Krishan Mehndiratta, CP (IB) No/310/(PB)/2021

> NCLT judgment dated 2021-09-09. Citation: TCN-2021-NCLT-01149. The case involves an application under Section 95(1) of the Insolvency & Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 9 Sept 2021
- **Citation:** TCN-2021-NCLT-01149
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/in-the-mater-of-state-bank-of-india-vs-mrs-radha-krishan-mehndiratta-cp-3399553b

## Summary

### Background

The case involves an application under Section 95(1) of the Insolvency & Bankruptcy Code, 2016. State Bank of India (SBI) filed the application against Mrs. Radha Krishan. The matter is before the National Company Law Tribunal (NCLT), New Delhi, Principal Bench.

## Facts

State Bank of India (SBI) filed an application against Mrs. Radha Krishan under Section 95(1) of the Insolvency & Bankruptcy Code, 2016. The Applicant/Creditor proposed Mr. Manoj Kumar Anand as the Resolution Professional. The NCLT found no disciplinary proceedings pending against Mr. Anand. The NCLT appointed Mr. Anand as the Resolution Professional and directed him to make recommendations regarding the application within the stipulated time under Section 99 of the I&B Code, 2016. The matter is listed for further consideration.

## Issues and analysis

### Issue 1: Whether Mr. Manoj Kumar Anand should be …

**Ratio:** The court has the power to appoint a Resolution Professional under Section 97 of the IBC,

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**Reasoning:** The court considered the proposal by the Applicant/Creditor's learned counsel and noted

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**Interpretation:** Section 97 of the IBC, 2016, empowers the Adjudicating Authority to appoint a

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**Application:** The court applied Section 97 of the IBC, 2016, and appointed Mr. Anand as the

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## Parties

- **Judges:** SH. BHASKARA…; Sh. Hemant Kumar…
- **Appellants:** State Bank of…
- **Respondents:** Radha Kr…

## Timeline

- **2021-09-09 — Order Del…**: Order delivered by the…
- **2021-10-20 — Further Consi…**: Matter listed for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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