Case Reference

Case Name : Sharad Gupta Vs. Mr. Tajas Jatin Parikh-IRP
Company Appeal : Company Appeal (AT) (Insolvency) No. 207 of 2019
Appellant : Sharad Gupta
Respondent : Mr. Tajas Jatin Parikh-IRP
Order Date : 01-Mar-19
Court/Bench : NCLAT, New Delhi

Full text of the judgment

O R D E R

01.03.2019 The application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short, ‘the I&B Code’) filed by the Central Bank of India (Respondent) for initiation of ‘corporate insolvency resolution process’ against the ‘Loyal Motors Private Limited’ (Corporate Debtor) having admitted, the appellant – shareholder of ‘Corporate Debtor’ has challenged the impugned order dated 28th January, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench.

2. The main ground taken by the learned counsel for the appellant is that the application under Section 7 of the I&B Code was not signed by authorised person and the power of attorney was given in the year 2003. However, from the record we find that the application in Form I was signed by the Senior Manager of Central Bank of India. Such officer having empowered to grant loan is  authorised to sign it. There is no ground to interfere as it cannot be held as wrong authorisation.

We find no merit in the appeal. It is accordingly dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson [ Justice Bansi Lal Bhat ] Member (Judicial)

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