Filing of application u/s 95 of IBC by Creditor in his individual capacity or jointly through RP was allowable

Amit Dineshchandra Patel Vs State Bank of India (NCLAT Delhi)

Conclusion: Where application under section 95 of Insolvency Bankruptcy Code (IBC), 2016 was filed, the same was permitted to be filed by a creditor in his individual capacity or jointly with other creditors or through a Professional (RP).

Held: Appellants challenged the impugned order admitting the Section 95(1) application filed by State Bank of India allowing initiation of insolvency resolution process of the Appellants-Personal Guarantors. SBI Bank along with two other consor

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