Section 60(2) of IBC contemplate filing of Insolvency application for Personal Guarantor before NCLT or its Benches and not to a particular Court Room of NCLT where CIRP against Corporate Debtor is pending – Bhavesh Harkishandas Mehta Vs. Kookmin Bank and Anr. – NCLAT New Delhi

In this important judgment, two issues before NCLAT for consideration:

(i) Whether when an insolvency proceeding is pending in different Court Room of a particular Bench of NCLT, if the proceedings under Section 95 of IBC have been entertained by another Court of the same Bench, the order passed under Section 95 application by the court different from Court where insolvency proceeding is pending, is without jurisdiction?
(ii) Whether Section 60(2) of IBC contemplate application for personal guarantor before NCLT or its Benches or it contemplates filing of Section 95 application in the same court room of the NCLT?

Section 60(2) of IBC contemplate filing of Insolvency application for Personal Guarantor before NCLT or its Benches and not to a particular Court Room of NCLT where CIRP against Corporate Debtor is pending – Bhavesh Harkishandas Mehta Vs. Kookmin Bank and Anr. – NCLAT New Delhi Read Post »