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2021 Supreme(Ker) 1024

N.NAGARESH
M. K. Resly S/o M. S. Kochuthampi – Appellant
Versus
Union Bank of India, Erattupetta Branch – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. S. Easwaran, Sri. V.K. Peermohamed Khan, Smt. K.V. Rajeswari.
For the Respondents: Sri. S. Sreekumar, Sri. Manoj Ramaswamy, Sri. P. Vijayakumar, Sri. A.G. Sathyanarayana.

JUDGMENT :

N. NAGARESH, J.

1. All these three writ petitions are filed challenging an interim order dated 01.02.2021 in MA/76/KOB/2020 in MA/30/KOB/2019 in IA/71/KOB/2019 in IBA/240/2019 dated 01.02.2021 of the National Company Law Tribunal, Kochi Bench.

2. The 1st respondent-Union Bank of India extended various credit facilities to a Company named M/s. Raihan Healthcare Private Limited. The petitioners in the three writ petitions stood as guarantors and mortgaged their properties to the Bank as security for the advances to the Company. The first petitioner in W.P. (C) No. 3872/2021 was Chairman and Managing Director of the Company. The Bank filed O.A. No. 474/2018 before the Debt Recovery Tribunal-II, Ernakulam to recover dues from the Company.

3. While the O.A. was pending, the Bank invoked Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) and filed application IBA/240/2019 before the National Company Law Tribunal (NCLT) for initiating Corporate Insolvency Resolution Process (CIRP) against the Company. The application was admitted by the NCLT on 20.03.2019, thereby initiating CIRP. As an Insolvency Resolution Plan could not be formulated, the NCLT appointed the 2nd responde

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