# In the matter of Bank of Baroda Vs. Vinay Bhadauria, CP (IB)/147(PB)/2022

> NCLT judgment dated 2022-05-09. Citation: TCN-2022-NCLT-02825. 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-02825
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bank-of-baroda-vs-vinay-bhadauria-cp-88397edd

## 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 proposed Resolution Professional in the matter. The applicant, Bank of Baroda, is seeking to appoint Mr. Sajjan Kumar Dokania as the Resolution Professional.

## Facts

Bank of Baroda filed an application 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. Mr. Dokania is an Insolvency Professional enrolled with the Indian Institute of Insolvency Professionals of ICAI, with Registration Number IBBI/IPA-003/IP-N000150/2017-2018/11729. The application was filed before the National Company Law Tribunal (NCLT), New Delhi, Principal Bench. The applicant was given 10 days to appoint the Resolution Professional.

## Issues and analysis

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

**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:** Vinay Bha…

## Timeline

- **2022-05-09 — Order Del…**: Order delivered on the application for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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