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2023 Supreme(SC) 502

ABHAY S. OKA, RAJESH BINDAL
M. Suresh Kumar Reddy – Appellant
Versus
Canara Bank – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Krishnan Venugopal,Sr.Adv. Mr. R.Anand Padmanabhan,Adv. Mr. Shashi Bhushan Kumar, AOR
For the Respondent(s): Mr. Rajesh Kumar Gautam, AOR Mr. Anant Gautam, Adv. Mr. Kartik Jindal, Adv. Mr. Sumit Sharma, Adv. Ms. Anani Achumi, Adv. Ms. Madhumita Bagchi, Adv. Mr. Dinesh Sharma, Adv. Ms. Shivani Sagar, Adv. Mr. Kiran Kumar Patra, AOR Mr. Chandrasekhar Padhi, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The respondent-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short, ‘the IB Code’) before the National Company Law Tribunal, Hyderabad, Telangana. The said application was filed against a Corporate Debtor M/s Kranthi Edifice Pvt. Ltd. The present appellant claims to be a suspended Director of the Corporate Debtor. National Company Law Tribunal (for short, ‘NCLT’), by an Order dated 27th June 2022, admitted the application filed by the respondent-Bank and declared a moratorium for the purposes referred in Section 14 of the IB Code. The appellant claiming to be an aggrieved person preferred an appeal against the said Order before the National Company Law Appellate Tribunal (for short, ‘NCLAT’). By the impugned judgment dated 5th August 2022, NCLAT has dismissed the appeal.

2. The first respondent, Canara Bank is the successor of Syndicate Bank, which made application under Section 7 of the IB Code to NCLT. Syndicate Bank was merged into the first respondent-Canara Bank. A letter of sanction dated 2nd April 2016 was issued by Syndicate Bank by which credit facilities were sanctioned to the Corpora

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