# In the matter of State Bank of India vs. Jimmy Ahuja

> NCLT judgment dated 2023-01-11. Citation: TCN-2023-NCLT-05090. The case pertains to CP (IB) No. 317/Chd/Pb/2022 filed under Section 95 of the IBC 2016. State…

- **Court:** NCLT
- **Order date:** 11 Jan 2023
- **Citation:** TCN-2023-NCLT-05090
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-jimmy-ahuja-9dba81f3

## Summary

### Background

The case pertains to CP (IB) No. 317/Chd/Pb/2022 filed under Section 95 of the IBC 2016. State Bank of India is the petitioner, and Jimmy Ahuja is the respondent. The matter involves the appointment of a Resolution Professional and the issuance of notice to the respondent-personal guarantor.

## Facts

State Bank of India filed a petition (CP (IB) No. 317/Chd/Pb/2022) against Jimmy Ahuja under Section 95 of the IBC 2016. Mr. Jalesh Kumar Grover's credentials as Resolution Professional were verified, and no adverse remarks were found against him on the IBBI website. The court appointed Mr. Grover as the Resolution Professional and directed him to comply with Section 99 of the I&B Code, 2016. The court also directed the issuance of a limited notice to the respondent-personal guarantor, returnable on or before 2023-03-22, and instructed the petitioner's counsel to file an affidavit confirming the service of notice.

## Issues and analysis

### Issue 1: Whether Mr. Jalesh Kumar Grover should be …

**Ratio:** The court has the authority to appoint a Resolution Professional if the individual's

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**Reasoning:** The court verified Mr. Grover's credentials through the Registry and found no adverse

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**Interpretation:** The court interprets Section 99 of the I&B Code, 2016, to allow for the

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**Application:** Based on the verification and absence of adverse remarks, Mr. Grover was deemed

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## Parties

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

## Timeline

- **2023-01-11 — Order Da…**: Order issued by the…
- **2023-03-22 — Next Hearin…**: Next date of hearing…

## 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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