# In the matter of State Bank of India Vs. V Subbarao

> NCLT judgment dated 2022-04-29. Citation: TCN-2022-NCLT-02969. Company Petition IB/103/2022 was filed by State Bank of India (Stressed Assets Management…

- **Court:** NCLT
- **Order date:** 29 Apr 2022
- **Citation:** TCN-2022-NCLT-02969
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-v-subbarao-0f94f5af

## Summary

### Background

Company Petition IB/103/2022 was filed by State Bank of India (Stressed Assets Management Branch) against Mr. V Subba Rao & Chadalvada Infratech Ltd. The hearing was held on 2022-04-29 via video conference.

## Facts

State Bank of India (Stressed Assets Management Branch) filed a Company Petition IB/103/2022 against Mr. V Subba Rao & Chadalvada Infratech Ltd. The notice to the respondent was returned unserved. The petitioner's counsel informed the court that the Personal Guarantor/Respondent had died. Based on this representation, the court dismissed the Company Petition. The death of the respondent is a crucial fact leading to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the Company Petition can be dismissed due to …

**Ratio:** The death of a key party, such as the Personal Guarantor/Respondent, can significantly

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**Reasoning:** The court dismissed the Company Petition based on the representation that the Personal

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**Interpretation:** The interpretation is that the death of the respondent fundamentally altered

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**Application:** In this specific case, the death of the Personal Guarantor/Respondent, as

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. VEERA BRAHMA…
- **Appellants:** State Bank of…
- **Respondents:** Chadalvada…; V Subba…

## Timeline

- **2022-04-29 — Hearing…**: Hearing held on 2022-04-29 at…

## 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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