# In the matter of State Bank of India Vs. Anuradha Mehndiratta, (IB)/324/(PB)/2021

> NCLT judgment dated 2021-09-09. Citation: TCN-2021-NCLT-01146. The case involves an application under Section 95 of the Insolvency & Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 9 Sept 2021
- **Citation:** TCN-2021-NCLT-01146
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-anuradha-mehndiratta-12e0bf8a

## Summary

### Background

The case involves an application under Section 95 of the Insolvency & Bankruptcy Code, 2016. The applicant is State Bank of India, and the respondent is Mrs. Anuradha Mehndiratta. The matter was heard by the National Company Law Tribunal (NCLT), New Delhi, Principal Bench.

## Facts

State Bank of India filed an application under Section 95 of the Insolvency & Bankruptcy Code, 2016, against Mrs. Anuradha Mehndiratta. The NCLT was tasked with appointing a Resolution Professional to assess the application. Mr. Manoj Kumar Anand was proposed as the Resolution Professional. The court verified that no disciplinary proceedings were pending against Mr. Anand. The appointment of a Resolution Professional is a crucial step in the insolvency resolution process, as they are responsible for evaluating the debtor's financial situation and making recommendations to the court.

## Issues and analysis

### Issue 1: Whether Mr. Manoj Kumar Anand should be appointed as the Resolution Professional under Section 97 …

**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 for appointing Mr. Manoj Kumar Anand as the Resolution

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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 the provisions of Section 97 of the IBC, 2016, to the facts

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## Parties

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

## 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 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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