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2025 Supreme(Online)(NCLAT) 398

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Indevar Pandey, T
Puneet Resutra – Appellant
Versus
Jammu & Kashmir Bank Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amar Vivek, Mr. Aditya Jain
For the Respondents: Mr. Syed Arsalan, Mr. Prateek Khaitan, Mr. Chatanya Sharma, Mr. Shitij Chakravarty

JUDGMENT

(3rd July, 2025)

INDEVAR PANDEY, MEMBER (T)

The present appeal has been filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘Code’), by the Appellant, Mr. Puneet Resutra (erstwhile Director of M/s Ace Engineering (India) Private Limited), challenging the impugned order dated 06.03.2023 passed by the National Company Law Tribunal (Adjudicating Authority), Chandigarh Bench, in CP (IB) No. 54/Chd/J&K/2019 titled Jammu & Kashmir Bank Ltd. v. M/s Ace Engineering (India) Private Limited. By the said impugned order, the Adjudicating Authority admitted the application filed by the Jammu & Kashmir Bank Ltd./Financial Creditor under Section 7 of the Code and initiated the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s Ace Engineering (India) Private Limited.

2. The Appellant, Mr. Puneet Resutra, who is the erstwhile Director and Shareholder of the said Corporate Debtor, has contended that the said order is legally unsustainable, as the financial debt, which formed the basis of the Section 7 application, stood fully discharged through a one-time settlement with the guarantors in the year 2017–2018. Despite the A

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