# In the matter of State Bank of India Vs. Farah Khan, vide CP (IB) No. 950 (PB)/2020

> NCLT judgment dated 2021-01-06. Citation: TCN-2021-NCLT-03389. The case pertains to an application moved by the Resolution Professional (RP) on behalf of the…

- **Court:** NCLT
- **Order date:** 6 Jan 2021
- **Citation:** TCN-2021-NCLT-03389
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-farah-khan-vide-cp-06b87d51

## Summary

### Background

The case pertains to an application moved by the Resolution Professional (RP) on behalf of the creditor for the appointment of Mr. Anil Kohli. The appointment of the Resolution Professional was missed in an earlier order, despite an elaborate order already being passed under Section 95 of the Insolvency & Bankruptcy Code, 2016.

## Facts

State Bank of India filed an application against Farah Khan under Section 95 of the Insolvency & Bankruptcy Code, 2016. The Resolution Professional's appointment was missed in an earlier order. The Resolution Professional is continuing on the rolls of IBBI. The court directed the RP to submit a report within 10 days of appointment as per Section 99 of the Code.

## Issues and analysis

### Issue 1: Whether the application moved by the Resolution Professional on behalf of the creditor for the …

**Ratio:** The legal principle is based on the need to rectify an earlier omission where the

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**Reasoning:** The court reasoned that the appointment of the Resolution Professional was essential for

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**Interpretation:** The interpretation involves ensuring that the procedural requirements of the

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**Application:** The ratio and reasoning are applied to the specific facts by allowing the

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## Parties

- **Judges:** SH. B.S.V.…; Sh. Hemant Kumar…
- **Appellants:** State Bank of…
- **Respondents:** Farah…
- **Advocates:** Sh. Hasma…; Puneet P…; +2 more

## Timeline

- **2021-01-06 — Order Del…**: Order delivered on the application…

## 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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