# In the matter of Indian Bank Vs. Rohit Singh, CP (IB)/94/ND/2023

> NCLT judgment dated 2023-05-17. Citation: TCN-2023-NCLT-03311. Indian Bank filed an application under Section 95 of the IBC, 2016 against Personal Guarantor…

- **Court:** NCLT
- **Order date:** 17 May 2023
- **Citation:** TCN-2023-NCLT-03311
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/indian-bank-vs-rohit-singh-cp-d36b1226

## Summary

### Background

Indian Bank filed an application under Section 95 of the IBC, 2016 against Personal Guarantor Sh. Rohit Singh, seeking initiation of the IR process and appointment of a Resolution Professional (RP). The applicant served a demand notice dated 30.04.2022 to the respondent.

## Facts

Indian Bank filed an application under Section 95 of the IBC, 2016, against Sh. Rohit Singh, who is the Personal Guarantor to the Corporate Debtor. The application seeks to initiate the Insolvency Resolution (IR) process and appoint a Resolution Professional (RP). A demand notice was served to the respondent on 30.04.2022. Upon filing the application, an interim moratorium commenced as per Section 96(1)(a) of the IBC. The applicant did not propose a name for the RP. The court then appointed Mr. Gaurav Katiyar as the RP from the panel of IPS suggested by the IBBI. The RP is required to examine the application and make recommendations for acceptance or rejection.

## Issues and analysis

### Issue 1: Whether the application filed by Indian Bank under Section 95 of the IBC, 2016, for initiating the …

**Ratio:** Section 95 of the IBC, 2016 allows a creditor to file an application for initiating the

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**Reasoning:** The court considered the application filed by Indian Bank under Section 95 of the IBC,

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**Interpretation:** Section 95 provides a mechanism for creditors to pursue insolvency proceedings

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**Application:** The application was filed by Indian Bank against Sh. Rohit Singh, the Personal

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## Parties

- **Judges:** SHRI. ASHOK KUMAR…; SHRI. L. N.…
- **Appellants:** Indian…
- **Respondents:** Sh. Rohit…

## Timeline

- **2022-04-30 — Demand N…**: Applicant served the copy of the Demand…
- **2023-05-17 — Order Del…**: Order delivered on 17.05.2023…

## 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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