# In the matter of Bank of Maharashtra vs. Aditya Vivek Kawade

> NCLT judgment dated 2025-06-26. Citation: TCN-2025-NCLT-00865. The case involves an application by the Resolution Professional (RP) of Aditya Vivek Kawade,…

- **Court:** NCLT
- **Order date:** 26 Jun 2025
- **Citation:** TCN-2025-NCLT-00865
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/bank-of-maharashtra-vs-aditya-vivek-kawade-1b504067

## Summary

### Background

The case involves an application by the Resolution Professional (RP) of Aditya Vivek Kawade, the Personal Guarantor (PG) to Aniirudh Civil Engineers and Contractors Private Limited, seeking closure of the Personal Insolvency Resolution Process (PIRP) due to the PG's failure to submit a repayment plan.

## Facts

Anil Kashi Drolia is the Resolution Professional (RP) of Aditya Vivek Kawade, who is the Personal Guarantor (PG) to Aniirudh Civil Engineers and Contractors Private Limited.

Aditya Vivek Kawade failed to submit a repayment plan despite being requested by the RP.

The Committee of Creditors (CoC) approved the filing of an application for the closure of the Personal Insolvency Resolution Process (PIRP).

The Financial Creditor, Bank of Maharashtra, had extended financial assistance to Aniirudh Civil Engineers and Contractors Private Limited, for which Aditya Vivek Kawade provided personal guarantees.

The Borrower, Aniirudh Civil Engineers and Contractors Private Limited, was admitted into Corporate Insolvency Resolution Process (CIRP) and subsequently faced liquidation.

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## Issues and analysis

### Issue 1: Whether the application for closure of the Personal Insolvency Resolution Process (PIRP) of the …

**Ratio:** The Tribunal found that the PG's failure to submit a repayment plan, despite multiple

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**Reasoning:** The PG's non-compliance hindered the resolution process and frustrated the purpose of the

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**Interpretation:** The Tribunal interpreted the provisions of the Insolvency and Bankruptcy Code,

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**Application:** The Tribunal applied the provisions of the Code to the facts of the case and

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## Parties

- **Judges:** ANIL RAJ C…; K. R. SAJI…
- **Appellants:** Anil Kashi…; Bank of Maharashtr…
- **Respondents:** Aniirudh Civil…; Aditya Vivek…
- **Other parties:** Central Bank of…
- **Advocates:** Manoj M…

## Timeline

- **2015-01-31 — Demand N…**: Financial Creditor issued a Demand Notice under…
- **2022-06-28 — Demand Notice…**: Demand notice in Form-B under Rule 7(1) of Insolvency and Bankruptcy (Application to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 112 — Report of meeting of creditors on repayment plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-112)

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