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NATIONAL COMPANY LAW TRIBUNAL
Nilesh Sharma, MEMBER (JUDICIAL), Sameer Kakar, MEMBER (TECHNICAL)
Mahesh Sureka Resolution Professional – Appellant
Versus
Rinki Kumar – Respondent
| Table of Content |
|---|
| 1. application filed by resolution professional citing non-receipt of a repayment plan. (Para 1 , 2 , 5) |
| 2. details of the process and creditors' meetings regarding repayment. (Para 3 , 4 , 6 , 7 , 8 , 9 , 11) |
| 3. court standard procedures and ibc provisions for non-compliance. (Para 13 , 14 , 15) |
| 4. effect of non-filing of a repayment plan treated as rejection under ibc. (Para 16 , 17 , 18) |
| 5. conclusion allowing creditors to initiate bankruptcy proceedings. (Para 19 , 20 , 21 , 22 , 23 , 24) |
ORDER
[PER: CORAM]
IA/2710/(MB)2025
1. The present Interlocutory Application (I.A.) bearing IA/2710/(MB)2025 was filed on 24.05.2025 by the Applicant/Resolution Professional (hereinafter referred to as “RP”) of Mrs. Rinki Kumar, Personal Guarantor of M/s. RPJ Overseas Exim Pvt. Ltd., under Sections 112 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC”), seeking the following reliefs:-
“1. To take on record that no repayment plan has been received in case of PG Rinki Kumar of RPJ Overseas Exim P Ltd.
2. To Pass the order U/S 115 of IBC, 2016 for closure of Resolution process of PG Prakash Kumar of RPJ Overseas Exim P Ltd.
3. To allow creditors for filing the a
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