# In the matter of State Bank of India Vs. Nazuk Jahan, vide CP (IB) No. 949 (PB)/2020

> NCLT judgment dated 2021-01-06. Citation: TCN-2021-NCLT-03395. This application was moved by the Resolution Professional on behalf of the creditor for the…

- **Court:** NCLT
- **Order date:** 6 Jan 2021
- **Citation:** TCN-2021-NCLT-03395
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-nazuk-jahan-vide-cp-20f237cf

## Summary

### Background

This application was moved by the Resolution Professional on behalf of the creditor for the appointment of Mr. Anil Kohli as Resolution Professional, as his appointment was missed in an earlier order. The Tribunal had already passed an elaborate order under Section 95 of the Code.

## Facts

The application was filed by the Resolution Professional (RP) on behalf of the creditor, State Bank of India, seeking the formal appointment of Mr. Anil Kohli as the Resolution Professional. This step was necessary because the appointment of the Resolution Professional had been inadvertently omitted in a previous order issued by the Tribunal. The Tribunal had already issued an elaborate order under Section 95 of the Insolvency & Bankruptcy Code, 2016, which pertains to the initiation of the insolvency resolution process for individuals and partnership firms. The current application aimed to rectify the procedural oversight regarding the RP's appointment. The Tribunal confirmed that Mr. Anil Kohli was registered and active on the rolls of the Insolvency and

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## Issues and analysis

### Issue 1: Whether the application for the appointment of the …

**Ratio:** The application for the appointment of the Resolution Professional is allowed when the

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**Reasoning:** The Tribunal found that the Resolution Professional was on the rolls of IBBI and an

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**Interpretation:** The Tribunal interpreted the procedural requirements for the appointment of a

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**Application:** Given that Mr. Anil Kohli was on the IBBI rolls and the Section 95 process was

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## Parties

- **Judges:** B.S.V. Prakash…; HEMANT KUMAR…
- **Appellants:** State Bank of…
- **Respondents:** Nazuk J…
- **Advocates:** Hasmat…; Puneet P…; +5 more

## Timeline

- **January 6, 2021 — Order Del…**: The NCLT Principal Bench delivered the order in the matter of State Bank of India Vs…

## 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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