# In the matter of Bank of Baroda Vs. Ajay Bhadauria, CP (IB)/145(PB)/2022

> NCLT judgment dated 2022-05-09. Citation: TCN-2022-NCLT-02826. The application IA-2124/2022 was filed under Section 60(5)(c) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 9 May 2022
- **Citation:** TCN-2022-NCLT-02826
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bank-of-baroda-vs-ajay-bhadauria-cp-27f186de

## Summary

### Background

The application IA-2124/2022 was filed under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC), 2016, read with rule 11 of the NCLT Rules, 2016. The application seeks the appointment of a proposed Resolution Professional in the matter.

## Facts

Bank of Baroda, as the Applicant/Petitioner, filed an application (IA-2124/2022) under Section 60(5)(c) of the IBC, 2016, read with rule 11 of the NCLT Rules, 2016, seeking the appointment of Mr. Sajjan Kumar Dokania as the Resolution Professional for Ajay Bhadauria, the Respondent. The court considered the submissions and averments made in the application.

## Issues and analysis

### Issue 1: Whether the application IA-2124/2022 for the appointment of a Resolution Professional should be …

**Ratio:** The court has the power to appoint a Resolution Professional based on the provisions of

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**Reasoning:** The court considered the submissions and averments made in the application and found it

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**Interpretation:** Section 60(5)(c) of the IBC provides the NCLT with the jurisdiction to deal

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**Application:** The court applied the provisions of Section 60(5)(c) of the IBC and rule 11 of

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## Parties

- **Judges:** Ramalingam…; SH. AVINASH KUMAR…
- **Appellants:** Bank of B…
- **Respondents:** Ajay Bhad…

## Timeline

- **2022-05-09 — Order del…**: Order delivered on the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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