2025 Supreme(Online)(NCLT) 4607
NATIONAL COMPANY LAW TRIBUNAL
STATE BANK OF INDIA – Appellant
Versus
Santosh Kumar Jaiswal – Respondent
IA(I.B.C) - 16/2025
For the Petitioner:Akhtar Parvez
02
ORDER SHEET OF THE HEARING ON 26th MARCH, 2025
IA (IBC)/16/GB/2025 in IA (IBC)/98/GB/2023
In CP (IB)/19/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)/98/GB/2023 In CP (IB)/19/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-
Brahmaputra Iron & Steel Company Private Limited, Registered office at Room No. 19, 2nd Floor, Vrindavan Market, SJ Road, Guwahati, Assam-781001. (Dissolved vide order dated 13/12/2024 passed in IA(IBC) (Dis)/3/GB/2024)
…Corporate Debtor -And Santosh Kumar Jaiswal, Suspended Director of BRAHMAPUTRA GALVOCHEM PRIVATE LIMITED, having residence 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 residence at Naboday Apartment, 1st Floor, 200 Narengi Road, Chinaki Path, M.T. Road, Guwahati, Assam- 781024;
….Respondent No. 2 -And Prism Fincap Limited, a company 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;
In IA (IBC)/98/GB/2023 In CP (IB)/19/GB/2022 __________________________________________________________________________________________
___
….Respondent No. 3 -And Biscon Steels 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 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. 5 -And Jaiswal Steel Rolling Mills, a partnership firm carrying on business from National Highway 37, West Boragaon, Guwahati, Kamrup Metropolitan, Assam- 781033;
….Respondent No. 6 -And Bibha Jaiswal, wife of Santosh Jaiswal, Residing at H/No-14, Aashish, Ramsa Hill, Kharguli, Guwahati, Assam- 781004;
….Respondent No. 7 Coram:
Shri Rammurti Kushawaha : Member (Judicial)
Shri Yogendra Kumar Singh : Member (Technical)
Appearances (through video conferencing):
For Petitioner : Mr. A. Parvez (Adv.)
For Respondent : Mr. M. Sharma (Adv.)
In IA (IBC)/98/GB/2023 In CP (IB)/19/GB/2022 __________________________________________________________________________________________
___
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, 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.) 98 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 20/12/2024 passed in IA (IBC)/167/G