# In the matter of IDBI Bank Vs. Manoj Gupta, CP (IB) No. 115/Chd/Hry/2022

> NCLT judgment dated 2022-07-01. Citation: TCN-2022-NCLT-01945. The case pertains to CP (IB) No.115/Chd/Hry/2022 filed under Section 95 of the IBC, 2016. The…

- **Court:** NCLT
- **Order date:** 1 Jul 2022
- **Citation:** TCN-2022-NCLT-01945
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/idbi-bank-vs-manoj-gupta-cp-dc43d837

## Summary

### Background

The case pertains to CP (IB) No.115/Chd/Hry/2022 filed under Section 95 of the IBC, 2016. The matter involves IDBI Bank as the petitioner and Manoj Gupta, PG, A2Z Infra Engineering Ltd. as the respondent. The hearing was conducted through video conferencing.

## Facts

IDBI Bank filed a petition against Manoj Gupta, PG, A2Z Infra Engineering Ltd. under Section 95 of the IBC, 2016. The court received a report from the registry regarding the credentials of Mr. Kapil Dev Taneja, and no adverse remarks were found. Mr. Taneja was then appointed as the Resolution Professional. The respondent's counsel requested time to file a counter, which was granted, with the condition that it be filed one week before the next hearing. The case was listed for further hearing on 16.09.2022.

## Issues and analysis

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

**Ratio:** The court can appoint a Resolution Professional if no adverse remarks are found against

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**Reasoning:** The registry submitted a report stating that no adverse remarks were found against Mr.

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**Interpretation:** This demonstrates the court's adherence to the process of verifying the

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**Application:** Since no adverse remarks were found against Mr. Kapil Dev Taneja, the court

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## Parties

- **Judges:** Satya Ranjan…; Harnam Singh…
- **Appellants:** IDBI…
- **Respondents:** A2Z Infra…; Manoj G…

## Timeline

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

## 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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