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2025 Supreme(Online)(NCLT) 5379

NATIONAL COMPANY LAW TRIBUNAL
UMESH KUMAR SHUKLA, MEMBER (TECHNICAL), KISHORE VEMULAPALLI, MEMBER (JUDICIAL)
Bank of Maharashtra – Appellant
Versus
Mr. Sridhar Cherukuri & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Aishwarya Ch.
For the Respondents: Mr. Bikki Raveendra Babu

ORDER

PER: BENCH

The Company Petition bearing No. CP (IB)/1/95/AMR/2023 (hereinafter referred to as theCP 1/2023 or “Petition”) has been is filed, vide Diary No. 1452, on 19.12.2022 (e-filed on 20.12.2022) by the Bank of Maharashtra (hereinafter referred to as the “Creditor”) through its Deputy Zonal Manager & AGM, Zonal Office Mr. Abhishek Dubey (who is having authorisation letter dated 07.12.2022) under section 95 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC” or “Code”) read with Rule 7(2) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (hereinafter referred to as the “Personal Guarantors Rules”) seeking to initiate Personal Insolvency Resolution Process (hereinafter referred to as the “PIRP”) against Mr. Sridhar Cherukuri (hereinafter referred to as the “Personal Guarantor”), who is the Personal Guarantor of the loan accounts of M/s. Transstroy (India) Limited (hereinafter referred to as the “Corporate Debtor” or “Principal Borrower”) and who has extended the Personal Guarantee to the Creditor.

2. The Corporate Debtor is a Comp

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