# In the matter of Bank of Baroda Vs. Anil Kumar Nigam, CP (IB)/146(PB)/20222

> NCLT judgment dated 2022-05-09. Citation: TCN-2022-NCLT-02824. The case involves an application filed under Section 60(5)(c) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 9 May 2022
- **Citation:** TCN-2022-NCLT-02824
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bank-of-baroda-vs-anil-kumar-nigam-cp-d741c5c5

## Summary

### Background

The case involves an application 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 Resolution Professional in a matter before the National Company Law Tribunal (NCLT), New Delhi.

## Facts

Bank of Baroda filed an application before the NCLT, New Delhi, seeking the appointment of Mr. Sajjan Kumar Dokania as the Resolution Professional. The application was filed under Section 60(5)(c) of the IBC, 2016, read with rule 11 of the NCLT Rules, 2016. The applicant, Bank of Baroda, is a financial creditor. The proposed Resolution Professional, Mr. Sajjan Kumar Dokania, is enrolled with the Indian Institute of Insolvency Professionals of ICAI, holding registration number IBBI/IPA-003/IP-N000150/2017-2018/11729. The application was filed against Anil Kumar Nigam.

## Issues and analysis

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

**Ratio:** The court has the power to appoint a Resolution Professional based on the submissions and

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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:** Anil Kumar…

## Timeline

- **2022-05-09 — Order Del…**: The order was delivered on May 9, 2022, allowing the application for the appointment of…

## 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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