2022 (6) TMI 168

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....esolution Process for Personal Guarantors to Corporate Debtor) Rules, 2019 ('Rules') by the Applicant/Debtor Ms. Anuradha Choudhary. The prayer made is to initiate the insolvency resolution process in respect of Ms. Anuradha Choudhary, being the Personal Guarantor for M/s. Emgee Cables & Communications Pvt. Ltd. ('Corporate Debtor'). 2. The Applicant has submitted that a loan was advanced to the Corporate Debtor by Dena Bank, Edelweiss Retail Finance Ltd. & Small Industries Development Bank of India ('SIDBI'). Thereafter, pursuant to the default of the Corporate Debtor, the present applicant received a notice dated 28.05.2018 under section 13(2) of the SARFAESI Act, 2002 issued by the Dena Bank, Panch Batti, MI Ro....

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....III of the application has mentioned the amount of default to be Rs. 46,85,91,393/- (Rupees Forty-Six Crores Eighty-Five Lacs Ninety-One Thousand Three hundred and Ninety-Three only) and the date of default as 31.03.2018. 6. The Application has been filed in respect of debts which are not excluded debts as enumerated under Section 79(15)(e) of the Code. It is noted that no application under Chapter III of Part III of the Code has been admitted before this Adjudicating Authority in respect of the Applicant/Debtor during twelve months preceding the date of submission of the instant Application. The Applicant has filed an affidavit stating that she is not barred in terms of Section 94(4) of the Code. The Application under consideration is i....

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....racking report, the same has been filed vide Diary No. 225/2022 dated 27.01.2022. 9. The Applicant has not nominated any Resolution Professional therefore, this Authority is hereby appointing Mr. Vishnu Upadhyay bearing Registration No. IBBI/IPA-003/IP-N000153/2018-2019/11843 with the e-mail address [email protected] and phone number +91 981828505 as the RP in the present matter. 10. In this matter, the Resolution Professional appointed herein, Mr. Vishnu Upadhyay, shall exercise all the powers as enumerated under Section 99 of the Code read with Rules made thereunder. He is directed to recheck availability of all information as per the relevant Rules & Forms. He is also directed to make recommendations with reasons in writi....