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

> NCLT judgment dated 2022-04-29. Citation: TCN-2022-NCLT-02966. The case pertains to Company Petition IB/103/2022 filed by State Bank of India (Stressed Assets…

- **Court:** NCLT
- **Order date:** 29 Apr 2022
- **Citation:** TCN-2022-NCLT-02966
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/state-bank-of-india-vs-v-subbarao-14c30eca

## Summary

### Background

The case pertains to Company Petition IB/103/2022 filed by State Bank of India (Stressed Assets Management Branch) against Mr. V Subba Rao & Chadalvada Infratech Ltd. The hearing was held on April 29, 2022, 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 hearing was conducted via video conference on April 29, 2022. The notice to the respondent was returned unserved. The petitioner's counsel informed the court that the Personal Guarantor/Respondent had passed away. Based on this information, the court dismissed the Company Petition.

## Issues and analysis

### Issue 1: Whether the Company Petition can proceed given the …

**Ratio:** Legal proceedings generally abate upon the death of a necessary party, especially if the

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

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**Interpretation:** The death of a key party, such as a personal guarantor, can significantly

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**Application:** In this case, the death of the Personal Guarantor/Respondent led to the

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## Parties

- **Judges:** Venkata Ramakrishn…; Veera Brahma Rao…
- **Appellants:** State Bank of…
- **Respondents:** Chadalvada…; V Subba…

## Timeline

- **2022-04-29 — Hearing…**: Hearing held on April 29, 2022, 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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