2025 Supreme(Online)(NCLT) 4605
NATIONAL COMPANY LAW TRIBUNAL
State Bank of India – Appellant
Versus
Santosh Kumar Jaiswal – Respondent
IA(I.B.C) - 14/2025
For the Petitioner:Akhtar Parvez
04
ORDER SHEET OF THE HEARING ON 26th MARCH, 2025
IA (IBC)/14/GB/2025 in IA (IBC)/95/GB/2023
In CP (IB)/21/GB/2022
Present: 1. Hon’ble Member (Judicial), Shri Rammurti Kushawaha
2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh
State Bank of India
In the Matter of Vs
Santosh Kr. Jaiswal & Five Others
Under Section U/s 60(5) of IBC, 2016 r/w R. 11 of NCLT Rules, 2016
Appearances (via video conferencing/physically)
For Petitioner (s) : Mr. A. Parvez, Adv.
For Respondent(s) :Mr. K. Borad, Adv. (Proxy)
ORDER
Order pronounced in the open court vide separate sheets.
Sd/- Sd/-
Yogendra Kumar Singh Rammurti Kushawaha
Member (Technical) Member (Judicial)
Shubham Tiwari (PS)
In IA (IBC)/95/GB/2023 In CP (IB)/21/GB/2022 An application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of NCLT Rules, 2016;
In the matter of:
State Bank of India, Stressed Assets Management Branch-1, Nagaland House, 8th Floor, 11 & 13, Shakespeare Sarani, Kolkata-700071, Represented by its Chief Manager ...Applicant -Versus Santosh Kumar Jaiswal, Suspended Director of Brahmaputra Galvochem Private Limited, having address at H/No- 14, Aashish, Ramsa Hill, Kharguli, Guwahati, Assam- 781004;
…Respondent No. 1 -And-
Padma Nath Deka, Suspended Director of Brahmaputra Galvochem Private Limited, having address at Naboday Apartment, 1st Floor, Zoo Narengi Road, Chinaki Path, M.T. Road, Guwahati, Assam- 781024;
…Respondent No. 2 -And Biscon Steels Private Limited, a company within the meaning of the Companies Act, 2013, having address at 4th Floor, Sagar Bizzplex, G.S. Road Shani Ram Bora Lane, Ulubari, Guwahati, Assam- 781007;
...Respondent No. 3 -And In IA(IBC)/95/GB/2023 In CP(IB)/21/GB/2022 _____________________________________________________________________________________________ Brahmaputra Eco Products Private Limited, a company within the meaning of the Companies Act, 2013 having its registered office at 4th Floor, Sagar Bizzplex, G.S. Road Shani Ram Bora Lane, Ulubari, Guwahati, Kamrup, Assam-781007;
…Respondent No. 4 -And Brahmaputra Engineering Private Limited, a company within the meaning of the Companies Act, 2013 having its registered office at 4th Floor, Sagar Bizzplex, G.S. Road Shani Ram Bora Lane, Ulubari, Guwahati, Kamrup, Assam-781007;
…Respondent No. 5 -And Prism Fincap Limited, a company within the meaning of the Companies Act, 2013, having address at 4th Floor, Sagar Bizzplex, G.S. Road Shani Ram Bora Lane, Ulubari, Guwahati, Assam- 781007;
…Respondent No. 6 -And Brahmaputra Aashiana Limited, a company within the meaning of the Companies Act, 2013 having its registered office at 4th Floor, Sagar Bizzplex, G.S. Road Shani Ram Bora Lane, Ulubari, Guwahati, Kamrup, Assam-781007 …Respondent No. 7 Coram:
Shri Rammurti Kushawaha : Member (Judicial)
Shri Yogendra Kumar Singh : Member (Technical)
In IA(IBC)/95/GB/2023 In CP(IB)/21/GB/2022 _____________________________________________________________________________________________
Appearances (through video conferencing):
For Petitioner : Mr. A. Parvez (Adv.)
For Respondent : Mr. M. Sharma (Adv.)
Order pronounced on: 26.03.2025
ORDER
1. The present application has been filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) read with Rule 11 of the National Company Law Tribunal Rules, 2016 (“NCLT Rules”) on behalf of State Bank of India (“Applicant”), seeking the following reliefs:
a) That a suitable order be passed to substitute and incorporate the name of State Bank of India in place of Liquidator Mrs. Meena Sureka, wherever it appears in the application and other pleadings in the I.A. (I.B.C.) 95 of 2023;
b) The Hon’ble Tribunal may be pleased to substitute the Case title as:
"State Bank of India, Stressed Assets Management Branch-1, Nagaland House, 8th Floor, 11 & 13, Shakespeare Sarani, Kolkata-700071 represented by its Chief Manager" vide order dated 13/12/2024 passed in IA (IBC)(Dis.)/2/GB/2024;
c) And/or be pleased to pass any such further order/orders which your Honour d