ORDER :

D. Bharatha Chakravarthy, J.

A. The Question :

1. We are called upon to decide the question as to whether the bankruptcy proceedings, pending on the file of the Debt Recovery Tribunal (hereinafter referred to as 'DRT') against the petitioner/personal guarantor has to be transferred to the file of the National Company Law Tribunal (hereinafter referred to as 'NCLT') in view of the subsequent institution and pendency of an insolvency resolution process of the corporate debtor?

B. The brief facts leading to filing of the petition :

2. The pre-eminent facts, on which the present proceedings arise, is that during the years 2016-2018, a Company namely, Alectrona Energy Private Ltd., borrowed a sum of Rs. 35,00,00,000/-as working capital demand loan from KEB Hana Bank Ltd., the respondent in the petition and also availed foreign letter of credit to the tune of Rs. 5,40,97,392.45 ps. The Company defaulted in payment and the loan accounts were classified as Non-Performing Assets as on 29.08.2018. As per the application by the respondent bank/creditor to initiate bankruptcy process, dated 23.02.2022, a total sum of Rs. 60,61,13,173.26 ps remains due and payable, of which, a sum of Rs. 39,