NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice N Sesha Sayee (Member(Judicial)) , Hon'ble Mr. Arun Baroka (Member (Technical)) , Hon'ble Mr. Indevar Pandey (Member (Technical)) ,
Gokul Aggarwal – Appellant
Versus
Bank of India – Respondent
J U D G M E N T
(Hybrid Mode)
[Per: Arun Baroka, Member (Technical)]
1.The captioned Appeal is filed by the Appellant under Section 61 of the Insolvency and Bankruptcy Code, 2016 impugning the order dated 21.02.2024 passed by the Hon'ble National Company Law Tribunal, Mumbai ("Hon'ble Adjudicating Authority") allowing IA No.2471 of 2021 filed by Respondent No.4- the Resolution Professional of the Corporate Debtor and IA No. 924 of 2021 preferred by Respondent No.1- Bank of India, and further dismissing an IA bearing No.41/2024 preferred by the Appellant seeking that the aforesaid Applications preferred by the Respondent Nos. I and 4 be stayed.
Brief facts of the case
2. Company Petition (IB) No. 3962/2018 was filed by Bank of Baroda- Respondent No. 2 against the Corporate Debtor-Chamber Constructions Private Limited under Section 7 of the Code. The CIRP order against the Corporate Debtor was admitted on 16.07.2019.
3. It is brought to our notice that RNA Corp is the holding Company- principal borrower and is also the corporate guarantor of the Corporate Debtor-Chamber Constructions Private Limited.
4. The claim of R1-Bank of India filed [Rs. 81,58,50,645.75/-] in the CIRP of the Corporate
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