# In the matter of Basanti Devi Baldva vs. Punjab National Bank & Ors.

> NCLT judgment dated 2024-07-31. Citation: TCN-2024-NCLT-00908. This is an application for a discharge order under Section 119 of the IBC, 2016, following the…

- **Court:** NCLT
- **Order date:** 31 Jul 2024
- **Citation:** TCN-2024-NCLT-00908
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/basanti-devi-baldva-vs-punjab-national-bank-ors-a6f572c0

## Summary

### Background

This is an application for a discharge order under Section 119 of the IBC, 2016, following the payment of debts as per a repayment plan.

## Facts

The applicant, Mrs. Basanti Devi Baldva, filed an application for a discharge order under Section 119 of the Insolvency and Bankruptcy Code, 2016 (IBC). This application was heard by the National Company Law Tribunal (NCLT), Jaipur Bench, through a web-based video conferencing platform. The application was listed as Item No. 05, with IA No. 397/JPR/2024 and CP No. (IB)- 29/94(1)/JPR/2023, filed under Section 94(1) of the IBC, 2016. Mr. Vishnu Upadhyay, the Resolution Professional (RP), appeared in person before the NCLT. In paragraph 13 of the application, the RP provided detailed information regarding the payments made to the creditors and the RP's costs. The total sum paid amounted to Rs. 6,88,000/-, which was submitted as Annexure-B with supporting details. Mr.

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## Issues and analysis

### Issue 1: Whether the application for a discharge order under …

**Ratio:** The application for a discharge order under Section 119 of the IBC, 2016, is allowed when

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**Reasoning:** The NCLT considered the details of payments made to creditors and the RP cost, as

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**Interpretation:** Section 119 of the IBC allows for a discharge order upon the successful

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**Application:** Given that the RP provided details of payments totaling Rs. 6,88,000/- and

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## Parties

- **Judges:** Deep Chandr…; RAJEEV ME…
- **Appellants:** Basanti Devi…
- **Respondents:** Punjab National…
- **Advocates:** For the RP:…; RP. For th…; +1 more

## Timeline

- **July 31, 2024 — Order Da…**: The NCLT passed the order allowing…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94(1) — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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