9911796707
TMI Blog2022 (7) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... (hereinafter referred to as "IBC, 2016") read with rule 7(2) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtor) Rules, 2019 (hereinafter referred to as "IB Rules, 2019") and regulation 4(2) of IBBI (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (hereinafter referred to as "IB Regulations, 2019") for initiating the Insolvency Resolution Process (hereinafter referred to as "IR Process") against Mr. Pratyush Kumar Sureka, Personal Guarantor for M/s. Alex Green Energy Private Limited. (CIN: U74999WB2012PTC173609) (hereinafter referred to as "AGEPL") demanding total debt of Rs. 25,05,78,059.60/-. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt had filed an original application in the year 2018 being O.A. No. 445 of 2018 against the "AGEPL" (Corporate Debtor) and the guarantors before the Debts Recovery Tribunal-I, Kolkata. Notice dated 13.03.2018 was principal borrower as well as the guarantors including Mr. Pratyush Kumar Sureka. Meanwhile, "AGEPL" (Corporate Debtor) was admitted under CIRP by the National Company Law Tribunal, Kolkata Bench vide order dated 18.02.2019 passed in CP(IB)/1439(KB)2018 (Hemant Khaitan Vs. M/s. Alex Green Energy Pvt. Ltd. and finally vide order dated 25/11/2019 Resolution Plan was approved. 6. The personal guarantor, viz., Mr. Pratyush Kumar Sureka, had executed several personal guarantees lastly on 22.10.2013 in favour of the Applicant to secure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Insolvency Professional Agency (IPA) of which he is a professional member, in terms of regulation 7A of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2019. The Resolution Professional is directed to file declaration within seven days from the date of receiving this Order to the effect that he fulfills all the requirements for being appointed as Resolution Professional in the matter. 10. The Resolution Professional shall exercise all the powers as enumerated under section 99 of the IBC, 2016 read with the Rules made thereunder. He is directed to make the recommendations for acceptance or rejection of this Application within the stipulated time as envisaged under section 99(1) of the IBC, 2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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