# In the matter of State Bank of India Vs. Harbans Lal, CP (IB) No. 152/Chd/Pb/2021

> NCLT judgment dated 2022-07-08. Citation: TCN-2022-NCLT-01793. The case pertains to CP(IB) No. 152/Chd/Pb/2021 under Section 95 of the IBC 2016, heard by the…

- **Court:** NCLT
- **Order date:** 8 Jul 2022
- **Citation:** TCN-2022-NCLT-01793
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-harbans-lal-cp-6b803b2e

## Summary

### Background

The case pertains to CP(IB) No. 152/Chd/Pb/2021 under Section 95 of the IBC 2016, heard by the National Company Law Tribunal, Chandigarh Bench, Chandigarh, through a web-based video conferencing platform. State Bank of India is the petitioner, and Harbans Lal is the respondent.

## Facts

State Bank of India filed a petition against Harbans Lal under Section 95 of the IBC 2016. Mr. Kuldip Kumar Bassi was appointed as the Resolution Professional after verification of his antecedents. The court directed the Resolution Professional to comply with Section 99 of the IBC 2016 and file a report within two weeks. A limited notice was issued to the respondent, Harbans Lal, to appear before the court. The petitioner's counsel was directed to file an affidavit confirming service of notice to the respondent with proof of service before the next hearing, which is scheduled for 2022-09-29. The case is CP(IB) No. 152/Chd/Pb/2021.

## Issues and analysis

### Issue 1: Whether Mr. Kuldip Kumar Bassi should be …

**Ratio:** The court has the power to appoint a Resolution Professional after verifying their

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**Reasoning:** The court verified the antecedents of Mr. Kuldip Kumar Bassi and found him suitable to be

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**Interpretation:** The court interprets Section 95 of the IBC 2016 to allow for the appointment of

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**Application:** The court applied the ratio to the facts of the case and appointed Mr. Kuldip

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** State Bank of…
- **Respondents:** Harbans…

## Timeline

- **2022-07-08 — Order Da…**: Order issued by the…
- **2022-09-29 — Next Hearin…**: Next hearing date for…

## 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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