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2024 Supreme(Online)(NCLT) 257

NATIONAL COMPANY LAW TRIBUNAL
Nilesh Rajendra Kothari RP in the matter of PG Narayanbhai Hembhai Patel VS


Advocates:
For the Petitioner:MILY GHOSHAL

ORDER

The case is fixed for pronouncement of order.

The order is pronounced in open Court vide separate sheet.

1. The Present Application is filed under Section 94(1) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as "IBC, 2016") r/w Rule 6 (1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for IRP for Personal Guarantors to Corporate Debtor) Rules, 2019.

2. M/s. Subha Proteins Pvt. Ltd. (hereinafter referred to as Corporate Debtor) has obtained various Cash Credit Facility from Bank of Baroda/Respondent. The applicant is one of the guarantors for the credit facilities availed by the Corporate Debtor. The date of default of payment is 01.08.2020. Respondent has issued demand notice u/s. 13(2) of SARFAESI Act against the Corporate Debtor as well as Applicant on 01.06.2020.

3. On presentation of the application by the Applicant, this Authority vide order dated 11.03.2024 has appointed the Resolution Professional viz., Mr. Nilesh Rajendra Kothari having Registration No. IBBI/IPA-002/IP-N01225/2022-2023/14132 & directed RP to file report under Section 99 of IBC, 2016, which has been filed by him through an IA No. 779 of 2024, recommending the admi

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