TMI Blog2021 (11) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... nt/Debtor during the period of 12 months preceding the date of submission of this Application. The Application under consideration is in the prescribed Form and contains the required details. Thus, prima facie the requirements of Section 94 are fulfilled. The Applicant or his Counsel and the Registry/Court Officer are directed to serve the copy of this Order along with copy of the Application and documents immediately on the Resolution Professional so appointed by all modes for information and compliance - List the matter on 15.12.2021. - Company Petition No. (IB)-985 (ND)/2020 - - - Dated:- 18-11-2021 - Bhaskara Pantula Mohan, Member (J) And Hemant Kumar Sarangi, Member (T) For the Appellant : Abhishek Anand, Tushar Tyagi and M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r vide order dated 12.04.2019 in the matter of Corporation Bank Vs Indosolar Pvt. Ltd. (IB-1481/PB/2018). 4. That vide Order dated 28.09.2021 this Adjudicating Authority has directed the Applicant to convince on the point of Limitation. This Adjudicating Authority vide order dated 07.01.2021, was pleased to issue notice to the Respondents so that they can place their point on limitation. 5. That pursuant to that the Union Bank of India has filed its Written Submissions and has stated that the Corporate Debtor was availing credit facilities from Respondent No. 1, Andhra Bank, Bank of Baroda, Corporation Bank, Indian Bank ( Lenders ). The Respondent No. 1 bank was appointed as Security Trustee Agreement dated 16.01.2009 to hold the secu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Lenders that to the best of his knowledge and belief, the envelope containing the said notice was so posted shall be conclusive as against the guarantors, even though it was retoured unserved on account of refusal of the Guarantors or otherwise. 21. The Guarantors agree and declare that the rights and powers conferred on the Lenders by these present be joint and several and shall be deemed a/ways to be so and they may be exercised by the Lenders accordingly. 6. In view of the aforesaid clauses of the Deed of personal Guarantee, it is stated that the demand of the Respondent Bank is invoked and the continuous Deed of personal Guarantee executed by the Applicant is well within limitation and not barred. 7. We observe that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solvency Professional, for appointment as Resolution Professional, who has accepted to be appointed and declared that he is eligible to be appointed and that no disciplinary proceedings are pending against him. Therefore, Mr. Vikram Vishal Minnas, is appointed as the Resolution Professional in exercise of the powers conferred under Section 97 of the IBC, 2016 on this Authority subject to the Regulation 4 (1) and (2) of the Insolvency and bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019. The details of the Resolution Professional are as under: 11. The Resolution Professional shall exercise all the powers as enumerated under Section 99 of the IBC, 2016 r/w the Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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