The case involves an application under Section 95 of the Insolvency and Bankruptcy Code (IBC). The personal guarantor seeks a stay on the interim moratorium, relying on a judgment by the NCLAT. The applicant's counsel suggests the presence of the Resolution Professional (RP).
State Bank of India filed an application against Mahendra Kumar Rajpal, the Corporate Guarantor, under Section 95 of the IBC. The Personal Guarantor's counsel seeks a stay on the interim moratorium, citing an NCLAT judgment in Company Appeal(AT) (Insolvency) No. 464 of 2021 dated 12.07.2021, which stayed proceedings for NCLT. The court notes that the interim moratorium commences upon filing an application under Section 95, as per the Code. The RP, Ms. Teena Saraswat, is present in person as suggested by the Applicant. The matter is listed for further consideration on 04.10.2021. The relevance of the NCLAT judgment is that it stayed proceedings, which the personal guarantor argues should also apply to the interim moratorium in this case.
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Hon'ble NCLAT stayed the proceedings for NCLT…
Order delivere…
The case involves an application under Section 95 of the Insolvency and Bankruptcy Code (IBC). The personal guarantor seeks a stay on the interim moratorium, relying on a judgment by the NCLAT. The applicant's counsel suggests the presence of the Resolution Professional (RP).
State Bank of India filed an application against Mahendra Kumar Rajpal, the Corporate Guarantor, under Section 95 of the IBC. The Personal Guarantor's counsel seeks a stay on the interim moratorium, citing an NCLAT judgment in Company Appeal(AT) (Insolvency) No. 464 of 2021 dated 12.07.2021, which stayed proceedings for NCLT. The court notes that the interim moratorium commences upon filing an application under Section 95, as per the Code. The RP, Ms. Teena Saraswat, is present in person as suggested by the Applicant. The matter is listed for further consideration on 04.10.2021. The relevance of the NCLAT judgment is that it stayed proceedings, which the personal guarantor argues should also apply to the interim moratorium in this case.
Hon'ble NCLAT stayed the proceedings for NCLT…
Order delivere…