# In the matter of Manmohan Singh Gulati, CP (IB) No.  955/ND/2020

> NCLT judgment dated 2023-01-24. Citation: TCN-2023-NCLT-04937. The case pertains to IB-955(ND)2020, where an order was passed in IB-957(PB)2020 concerning…

- **Court:** NCLT
- **Order date:** 24 Jan 2023
- **Citation:** TCN-2023-NCLT-04937
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/manmohan-singh-gulati-cp-ib-no-955nd2020-6df7604a

## Summary

### Background

The case pertains to IB-955(ND)2020, where an order was passed in IB-957(PB)2020 concerning 'Amanjyot Singh Gulati vs. Gulati Retail India Pvt. Ltd.' by the Adjudicating Authority on 2022-05-23. This order was challenged before the NCLAT in Appeal No. 961 of 2022. The NCLAT upheld the order on 2023-01-05.

## Facts

The case involves an application under the IBC, specifically Section 94(1). An order was previously passed in IB-957(PB)2020 regarding 'Amanjyot Singh Gulati vs. Gulati Retail India Pvt. Ltd.' by the Adjudicating Authority. This order was challenged and subsequently upheld by the NCLAT in Appeal No. 961 of 2022. The Resolution Professional (RP) submitted that the current petition mirrors the upheld order. A key fact is that the guarantee was invoked against the property of Smt. Inderjit Kaur Bagga, not the applicant, Sh. Manmohan Singh Gulati. This distinction is crucial to the court's decision.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed based on the order passed by the Adjudicating …

**Ratio:** The principle of judicial precedent and the binding nature of appellate court decisions.

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**Reasoning:** The court reasoned that since the NCLAT had already upheld the order in Appeal No.

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**Interpretation:** This issue involves the interpretation of the hierarchy of courts and the

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**Application:** The NCLAT's decision in Appeal No. 961/2022 was directly applied to the facts

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## Parties

- **Judges:** SHRI. ASHOK KUMAR…; SHRI. L. N.…
- **Appellants:** Sh. Manmohan…
- **Respondents:** Gulati Retail…; M/s. Gulati…

## Timeline

- **2020-01-01 — IB-955(ND)202…**: Filing of the initial…
- **2020-01-01 — IA No. 521…**: RP Mr. Navneet Kumar Jain placed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94(1) — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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