# In the matter of Sangeeta Ajay Goenka vs. Union Bank of India & Others

> NCLT judgment dated 2024-08-21. Citation: TCN-2024-NCLT-00772. The case involves Sangeeta Ajay Goenka PG Rainbow Papers Ltd through Janak Jagjivan Shah as the…

- **Court:** NCLT
- **Order date:** 21 Aug 2024
- **Citation:** TCN-2024-NCLT-00772
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sangeeta-ajay-goenka-vs-union-bank-of-india-others-16d7c210

## Summary

### Background

The case involves Sangeeta Ajay Goenka PG Rainbow Papers Ltd through Janak Jagjivan Shah as the applicant and Union Bank of India & Others as the respondent. The Resolution Professional's counsel appeared and submitted that the arguing counsel filed a leave note, which was not properly filed and hence not accepted. The Resolution Professional (RP) has not filed the report in time nor rectified the objections in scrutiny for over 1 month and has not complied with the earlier order.

## Facts

Sangeeta Ajay Goenka PG Rainbow Papers Ltd through Janak Jagjivan Shah filed an application against Union Bank of India & Others. The Resolution Professional's counsel submitted a leave note from the arguing counsel, which the court rejected due to improper filing. The Resolution Professional (RP) failed to file the report on time, did not rectify objections raised during scrutiny for over a month, and did not comply with previous court orders. The Registry has been directed to write to the IBBI regarding the RP's laxity in filing the report and ensuring the application is filed without defects. The case is listed for further consideration on 11.09.2024. The key fact is the RP's non-compliance with procedural requirements and court orders.

## Issues and analysis

### Issue 1: Whether the leave note filed by the …

**Ratio:** A leave note must be properly

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**Reasoning:** The court perused the leave note and found that it was not properly filed and pertained

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**Interpretation:** The court interprets the procedural rules regarding the filing of leave notes

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**Application:** The leave note was rejected because it did not meet the procedural requirements

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Sangeeta Ajay…
- **Respondents:** Union Bank of…

## Timeline

- **2024-08-21 — Order Del…**: Order delivered regarding the…
- **2024-09-11 — Further Consi…**: Case listed for further…

## Legal provisions

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

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