# In the matter of IDBI Bank Vs. Amit Mittal, CP (IB) No. 114/Chd/Hry/2022

> NCLT judgment dated 2022-07-01. Citation: TCN-2022-NCLT-01928. The case pertains to CP (IB) No.114/Chd/Hry/2022 filed under Section 95 of the IBC, 2016. The…

- **Court:** NCLT
- **Order date:** 1 Jul 2022
- **Citation:** TCN-2022-NCLT-01928
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/idbi-bank-vs-amit-mittal-cp-ab6f9d10

## Summary

### Background

The case pertains to CP (IB) No.114/Chd/Hry/2022 filed under Section 95 of the IBC, 2016. The Registry has submitted a report regarding the credentials of Mr. Kapil Dev Taneja, and no adverse remarks were found against him. Consequently, Mr. Kapil Dev Taneja has been appointed as the Resolution Professional.

## Facts

IDBI Bank filed a petition against Amit Mittal, PG, A2Z Infra Engineering Ltd. Ms. Meera Murali appeared as Advocate for the Applicant, and Mr. Anand Chibbar, Senior Advocate with Mr. Aditya Mehtani, appeared as Advocate for the respondent. The Registry submitted a report on Mr. Kapil Dev Taneja's credentials, finding no adverse remarks. Consequently, Mr. Kapil Dev Taneja was appointed as Resolution Professional and directed to comply with Section 99 of the IBC, 2016. The respondent's counsel requested time to file a counter, which was granted with a deadline of one week before the next hearing.

## Issues and analysis

### Issue 1: Whether Mr. Kapil Dev Taneja should be …

**Ratio:** The appointment of a Resolution Professional is based on the assessment of their

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**Reasoning:** The court relied on the Registry's report, which found no adverse remarks against Mr.

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**Interpretation:** The interpretation involves assessing the qualifications and suitability of an

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**Application:** Based on the Registry's positive report, the court applied the principle of

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## Parties

- **Judges:** Satya Ranjan…; Harnam Singh…
- **Appellants:** IDBI…
- **Respondents:** A2Z Infra…; Amit Mittal, PG,…

## Timeline

- **2022-07-01 — Order Da…**: Order issued appointing Mr. Kapil Dev…
- **2022-09-16 — Next Hearin…**: Next hearing scheduled; respondent's…

## 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)

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