DIVISION BENCH ITEM NO.112 to 117

NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH

PRAYAGRAJ

CORAM:

1. SHRI PRAVEEN GUPTA,

HON’BLE MEMBER (JUDICIAL)

2. SHRI ASHISH VERMA,

HON’BLE MEMBER (TECHNICAL)

Date of Order: 30^th April, 2025

Attendance-Cum-Order Sheet of the Hearing.

ITEM NO.112- CP (IB) No.95/ALD/2024

NAME OF THE COMPANY CANARA BANK V/S GOPAL SINGH

(PERSONAL GURANTOR OF M/S K

C INFRABUILD PVT. LTD.)

UNDER SECTION 95 IBC ITEM NO.113- CP (IB) No.96/ALD/2024

NAME OF THE COMPANY CANARA BANK V/S MITHLESH

MISHRA (PERSONAL GURANTOR OF M/S K C INFRABUILD PVT. LTD.) UNDER SECTION 95 IBC ITEM NO.114- CP (IB) No.97/ALD/2024

NAME OF THE COMPANY CANARA BANK V/S NEELU MISHRA

(PERSONAL GURANTOR OF M/S K

C INFRABUILD PVT. LTD.)

UNDER SECTION 95 IBC ITEM NO.115- CP (IB) No.98/ALD/2024

NAME OF THE COMPANY CANARA BANK V/S UDAY KUMAR

(PERSONAL GURANTOR OF M/S K

C INFRABUILD PVT. LTD.)

UNDER SECTION 95 IBC ITEM NO.116- CP (IB) No.99/ALD/2024

NAME OF THE COMPANY CANARA BANK V/S VIJAY KUMAR

MISHRA (PERSONAL GURANTOR OF M/S K C INFRABUILD PVT. LTD.) UNDER SECTION 95 IBC

NAME OF THE COMPANY CANARA BANK V/S VINAY KUMAR MISHRA (PERSONAL GURANTOR OF M/S K C INFRABUILD PVT. LTD.) UNDER SECTION 95 IBC COUNSEL APPEARED THROUGH PHYSICAL/ VIRTUAL HEARING:

Sh. Ankur Gupta, Adv. : For the FC/ Canara Bank Ms. Teena Saraswat Pandey, RP : Present in person

ORDER

ITEM NO.112- CP (IB) No.95/ALD/2024

1. Ld. Counsel representing the Financial Creditor states that in this case according to the information available, the Personal Guarantor is since then deceased.

2. A verification was sought to be done, however the fact could not be ascertained. Accordingly, a supplementary affidavit has been filed vide diary no.729 dated 22.04.2025, wherein para nos.2, 3 & 4 are relevant and are thus reproduced hereunder :-

2. That after filing of the present Petition for Personal Insolvency, it was learned through the report of the R.P. that the personal guarantor Shri Gopal Singh is no more on the basis that notices sent were returned with an endorsement "Dead", whereas notice of Form B which were sent by the Financial Creditor were never returned back.

3. That, the bank official, in order to verify the said facts, on the basis of the address mentioned in the loan application visited the site and the door was found to be locked. On being enquiry from the neighbours, it was found that the personal guarantor has left this place so they were unable to verify about the death of the personal guarantor.

4. That in the interest of justice, the present personal insolvency application may be dismissed with liberty to revive in future in case, bank official Nearns anything about the presence of the guarantor Shri Gopal Singh.

3. Ld. Counsel representing the Financial Creditor therefore submits that in view of the aforesaid peculiar situation, this petition may be dismissed with liberty to revive in future, in case the bank official gets anything about the presence of the Guarantor, Mr. Gopal Singh.

4. In view of the averments made in the affidavit as referred to above, the present petition i.e. CP (IB) No.95/ALD/2024 stands dismissed with the liberty as aforesaid.

ITEM NO.114- CP (IB) No.97/ALD/2024 ITEM NO.115- CP (IB) No.98/ALD/2024 ITEM NO.116- CP (IB) No.99/ALD/2024 ITEM NO.117- CP (IB) No.100/ALD/2024

1. Arguments heard. Order reserved.

-Sd- -Sd-

(Ashish Verma) (Praveen Gupta)

Member (Technical) Member (Judicial)

30^thApril, 2025 Kavya Prakash Srivastava (Stenographer)