# In the matter of Indian Overseas Bank Vs. Pandu Ranga Rao, CP (IB)/278/2022

> NCLT judgment dated 2022-11-16. Citation: TCN-2022-NCLT-00437. The case involves a Company Petition (IB/278/2022) before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 16 Nov 2022
- **Citation:** TCN-2022-NCLT-00437
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/indian-overseas-bank-vs-pandu-ranga-rao-cp-743c1a25

## Summary

### Background

The case involves a Company Petition (IB/278/2022) before the National Company Law Tribunal (NCLT), Hyderabad Bench. The Financial Creditor filed an application, but the Personal Guarantor passed away before the institution of representation of the application.

## Facts

The Company Petition IB/278/2022 was filed. The Personal Guarantor passed away before the institution of representation of the application. The Financial Creditor's counsel requested the dismissal of the application because it was filed without knowledge of the Personal Guarantor's demise. The certificate of death was filed by Mr. G. Bhupesh Ld. Counsel.

## Issues and analysis

### Issue 1: Whether the Company Petition should be dismissed given the death of the Personal Guarantor before …

**Ratio:** Claims against a deceased person cannot be agitated in the same manner as against a

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**Reasoning:** The court accepted the Financial Creditor's counsel's submission that the application was

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**Interpretation:** The death of a key party, such as a personal guarantor, can significantly

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**Application:** Given the death of the Personal Guarantor before the application could be

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## Parties

- **Judges:** DR.VENKATA…; Satya Ranjan…
- **Appellants:** Indian Overseas…
- **Respondents:** Mr.Pandu Ra…

## Timeline

- **2022-11-24 — Hearing…**: Hearing of National Company Law Tribunal, Hyderabad Bench, held on 24.11.2022 at 2:00 PM…

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