# In the matter of State Bank of India Vs. Krishna Mohan, CP (IB) No/308/(PB)/2021

> NCLT judgment dated 2021-09-09. Citation: TCN-2021-NCLT-01148. The case pertains to an application filed under Section 95(1) of the Insolvency & Bankruptcy…

- **Court:** NCLT
- **Order date:** 9 Sept 2021
- **Citation:** TCN-2021-NCLT-01148
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-krishna-mohan-cp-b828500e

## Summary

### Background

The case pertains to an application filed under Section 95(1) of the Insolvency & Bankruptcy Code, 2016. The applicant/creditor, State Bank of India, has proposed the name of Mr. Manoj Kumar Anand as the Resolution Professional. No disciplinary proceedings are pending against Mr. Anand.

## Facts

State Bank of India filed an application under Section 95(1) of the Insolvency & Bankruptcy Code, 2016, against Mr. Krishan Mohan. The applicant proposed Mr. Manoj Kumar Anand as the Resolution Professional. Mr. Anand's registration number is IBBI/IPA-001/IP-P00084/2017-18/10180. No disciplinary proceedings are pending against Mr. Anand. The court considered the application and the proposed appointment of the Resolution Professional. The matter is listed for further consideration on 20.10.2021. The relevance of these facts is that they establish the initiation of insolvency proceedings and the appointment of a Resolution Professional to manage the process.

## Issues and analysis

### Issue 1: Whether Mr. Manoj Kumar Anand should be appointed as the Resolution Professional in the matter …

**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 fact that no disciplinary proceedings were pending against Mr.

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**Interpretation:** Section 97 of the IBC, 2016, grants the Adjudicating Authority the power to

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**Application:** Since no disciplinary proceedings were pending against Mr. Anand, the court

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## Parties

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

## Timeline

- **2021-09-09 — Order Del…**: Order delivered on the application under Section 95(1) of the Insolvency & Bankruptcy…
- **2021-10-20 — Matter Listed for…**: The matter is listed for further…

## 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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