# In the matter of State Bank of India Vs. Smt. Madhu Jain, CP (IB) No. 137/95/HBD/2021

> NCLT judgment dated 2021-08-04. Citation: TCN-2021-NCLT-01482. The case pertains to a company petition filed under Section 95 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 4 Aug 2021
- **Citation:** TCN-2021-NCLT-01482
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-smt-madhu-jain-cp-10f00ae7

## Summary

### Background

The case pertains to a company petition filed under Section 95 of the Insolvency and Bankruptcy Code (IBC). The petition was filed by State Bank of India against R.E. Cables & Conductors Pvt Ltd. The court is considering the commencement of an interim moratorium.

## Facts

State Bank of India filed a company petition against R.E. Cables & Conductors Pvt Ltd under Section 95 of the IBC. The court is considering the commencement of an interim moratorium. The IRP has been appointed and directed to file a report under Section 99 of the IBC within 10 days. The Respondents are directed to file a reply within two weeks, and the Petitioner is to file a rejoinder within two weeks thereafter. The interim moratorium commences from the date of filing of the Petition under Section 96 (1) (a) of I&B Code, 2016. The relevance of these facts lies in the application of the IBC provisions regarding interim moratorium and the process of resolution for individual debtors.

## Issues and analysis

### Issue 1: Whether an interim moratorium should be commenced under Section 96(1)(a) of the I&B Code, 2016, …

**Ratio:** Section 96(1)(a) of the I&B Code, 2016, stipulates that an interim moratorium

…

**Reasoning:** The court reasoned that upon filing a petition under Section 94 or 95, the interim

…

**Interpretation:** The interpretation of Section 96(1)(a) is that the commencement of the interim

…

**Application:** The court applied this ratio by ordering the commencement of the interim

…

## Parties

- **Judges:** Shrimadan…; Veera Brahma Rao…
- **Appellants:** State Bank of…
- **Respondents:** RE Cables &…; Smt Madhu K Jain…

## Timeline

- **2021-08-04 — Hearing…**: Hearing held on…
- **N/A — Appointment…**: Shri Krishna Mohan…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-smt-madhu-jain-cp-10f00ae7