# In the matter of Indian Bank Vs. Amardeep Singh Dahiya, CP (IB) No. 297/Chd/Hry/2022

> NCLT judgment dated 2023-01-04. Citation: TCN-2023-NCLT-05206. The case pertains to CP(IB) No.297/Chd/Hry/2022 under Section 95 of the IBC 2016. The…

- **Court:** NCLT
- **Order date:** 4 Jan 2023
- **Citation:** TCN-2023-NCLT-05206
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/indian-bank-vs-amardeep-singh-dahiya-cp-6065b050

## Summary

### Background

The case pertains to CP(IB) No.297/Chd/Hry/2022 under Section 95 of the IBC 2016. The petitioner, Indian Bank, does not wish to propose a Resolution Professional. The court directs the appointment of a Resolution Professional from the list provided by the IBBI.

## Facts

Indian Bank, the petitioner, filed a case CP(IB) No.297/Chd/Hry/2022 under Section 95 of the IBC 2016 against Amardeep Singh Dahiya, the respondent. The petitioner's counsel stated that they do not wish to propose any Resolution Professional. The court then decided to appoint Mr. Khushvinder Singhal, whose registration number is IBBI/IPA-002/IP-N00888/2019-2020/12833, as the Resolution Professional from the list provided by IBBI. Mr. Singhal's empanelment with IBBI is valid from January 01, 2023, to June 30, 2023. The court directed the registry to verify the antecedents of the proposed RP and check for any pending disciplinary proceedings. The fees of the Resolution Professional will be borne by the petitioner bank. The Resolution Professional is directed to file a

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## Issues and analysis

### Issue 1: Whether a Resolution Professional can be appointed from the list provided by IBBI when the …

**Ratio:** The court has the authority to appoint a Resolution Professional from the list provided

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**Reasoning:** The court reasoned that the insolvency resolution process should not be stalled due to

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**Interpretation:** This interprets the court's power under Section 95 of the IBC to facilitate the

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**Application:** In this case, the petitioner did not want to propose a Resolution Professional,

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Indian…
- **Respondents:** Amardeep Singh…
- **Advocates:** Rajnish K…; Mast Ram…

## Timeline

- **2023-01-01 — RP Empanelment Valid…**: Mr. Khushvinder Singhal's empanelment with IBBI is valid from January 01, 2023, to June…
- **2023-01-04 — Order Da…**: Order issued by the…

## 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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