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2025 Supreme(Online)(NCLAT) 87

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Mr. Naresh Salecha (Member (Technical)) , Hon'ble Mr. Indevar Pandey (Member (Technical)) ,
State Bank of India – Appellant
Versus
Gourishankar Poddar & Anr. – Respondent


Mr. Asav Rajan & Ms. Charu Trivedi, Advocates; Mr. Karan Valecha, for R-2; Mr. Deep Roy & Mr. Amay, for R-1; Mr. Navin Pahwa, Sr. Advocate along with Mr. Karan Valecha; Mr. Asav Rajan & Ms. Charu Trivedi, for R-1.

JUDGMENT

(6th January, 2025)

INDEVAR PANDEY, MEMBER (T)

This order will dispose of two appeals bearing Company Appeal (AT) (Ins.) No. 689 of 2024 titled as State Bank of India Vs. Gourishankar Poddar & Anr. (hereinafter referred to as the first appeal) and Company Appeal (AT) (Ins.) No. 663 of 2024 titled as Vineeta Maheshwari Vs. State Bank of India & Anr. (hereinafter referred to as the second appeal). Both these appeals arise from the common order passed by the National Company Law Tribunal, Ahmedabad Bench (hereinafter to as the “Adjudicating Authority”) on 23.02.2024 in CP (IB) No. 80 (AHM) 2021.

2. The first appeal has been filed under Section 61(1) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”), and challenges the order dated 23.02.2024, passed by the Adjudicating Authority in CP (IB) No. 80 (AHM) 2021. The appeal has been filed by the State Bank of India (SBI), the Financial Creditor, (hereinafter referred to as the “Appellant”) against Mr. Gourishankar Poddar (hereinafter referred to as “Respondent No. 1”) and Ms. Vineeta Maheshwari, the Resolution Professional (hereinafter referred to as “Respondent No. 2”). The case pertains to Responden

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