# In the matter of State Bank of India Vs. Ritu Saluja, CP (IB) No. 241/Chd/Pb/2021

> NCLT judgment dated 2022-10-06. Citation: TCN-2022-NCLT-00839. The case pertains to CP (IB) No. 241/Chd/Pb/2021 under Section 95 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 6 Oct 2022
- **Citation:** TCN-2022-NCLT-00839
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-ritu-saluja-cp-4e838b09

## Summary

### Background

The case pertains to CP (IB) No. 241/Chd/Pb/2021 under Section 95 of the Insolvency and Bankruptcy Code, 2016. State Bank of India is the petitioner (financial creditor) and Ritu Saluja is the respondent (personal guarantor). The matter is being conducted through video conferencing.

## Facts

State Bank of India initiated proceedings against Ritu Saluja, the personal guarantor, under Section 95 of the Insolvency and Bankruptcy Code, 2016. Mr. Mohit Chawla has been appointed as the Resolution Professional, with his credentials verified by the registry and no adverse remarks found on the IBBI website. The respondent, Ritu Saluja, through her counsel, intends to object to the maintainability of the petition, arguing that the debt has already been settled in the CIRP process. The court has issued a limited notice to the respondent and granted two weeks to file the objection.

## Issues and analysis

### Issue 1: Whether Mr. Mohit Chawla should be …

**Ratio:** Section 97 of the I&B Code, 2016 allows for

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**Reasoning:** The registry verified Mr. Mohit Chawla's credentials, and no adverse remarks were found

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**Interpretation:** Section 97 of the I&B Code, 2016 provides the legal basis for appointing a

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**Application:** Given the verification and absence of adverse remarks, Mr. Mohit Chawla's

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## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** State Bank of…
- **Respondents:** Ritu Sa…
- **Advocates:** Rakesh…; Rakshit…; +2 more

## Timeline

- **2022-10-06 — Order Da…**: Order issued appointing Mr. Mohit Chawla as Resolution Professional and directing notice…
- **2022-12-02 — Next Hearin…**: Matter listed 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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