# 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-00442. The case pertains to a Company Petition (IB/278/2022) before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 16 Nov 2022
- **Citation:** TCN-2022-NCLT-00442
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/indian-overseas-bank-vs-pandu-ranga-rao-cp-ba3f14c6

## Summary

### Background

The case pertains to 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 this application.

## Facts

The key facts are as follows: A Company Petition (IB/278/2022) was filed. The Personal Guarantor, Mr. Pandu Ranga Rao, passed away before the institution of representation of the application. The Financial Creditor's counsel acknowledged the death and requested the dismissal of the application. The relevance of these facts is that the death of the Personal Guarantor prior to proper institution of the application renders the petition unsustainable.

## Issues and analysis

### Issue 1: Whether the Company Petition can be maintained against a deceased Personal Guarantor when the death …

**Ratio:** A claim against a deceased

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**Reasoning:** The court reasoned that since the Personal Guarantor had passed away before the

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**Interpretation:** This legal issue involves the interpretation of the maintainability of a claim

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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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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