# In the matter of State Bank of India Vs. Sameer Ahmad Khan, vide CP (IB) No. 948 (PB)/2020

> NCLT judgment dated 2021-01-06. Citation: TCN-2021-NCLT-03396. The case pertains to an application moved by the Resolution Professional for the appointment of…

- **Court:** NCLT
- **Order date:** 6 Jan 2021
- **Citation:** TCN-2021-NCLT-03396
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-sameer-ahmad-khan-vide-cp-742f74e7

## Summary

### Background

The case pertains to an application moved by the Resolution Professional for the appointment of Mr. Anil Kohli. The appointment of the Resolution Professional was missed in an earlier order. An elaborate order has already been passed under section 95 of the Insolvency & Bankruptcy Code.

## Facts

State Bank of India filed an application under Section 95 of the Insolvency & Bankruptcy Code, 2016, seeking the appointment of Mr. Anil Kohli as the Resolution Professional. The appointment was initially missed in a prior order. The Resolution Professional is currently registered with the IBBI. The court is now addressing this oversight.

## Issues and analysis

### Issue 1: Whether the application for the appointment of Mr. Anil Kohli as the Resolution Professional should …

**Ratio:** The court has the power to rectify errors and omissions in its prior orders to ensure the

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**Reasoning:** The court reasoned that the initial omission of the Resolution Professional's appointment

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**Interpretation:** The interpretation of the Insolvency & Bankruptcy Code allows for the

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** B.S.V. Prakash…; HEMANT KUMAR…
- **Appellants:** State Bank of…
- **Respondents:** Sameer Ahma…

## Timeline

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