In the matter of Mr. Kamalesh Kumar Singhania, Insolvency Professional

Last updated: 19 November 2020

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This judgement concerns Mr. Kamalesh Kumar Singhania, an Insolvency Professional, and alleged contraventions of the Insolvency and Bankruptcy Code, 2016. The allegations arose from his role as Resolution Professional in the Corporate Insolvency Resolution Process (CIRP) of M/s Mintri Tea Company Private Limited. Specifically, the Insolvency and Bankruptcy Board of India (IBBI) issued a Show Cause Notice regarding the handling of a revised claim by Punjab National Bank (PNB) during the CIRP.

Court :
IBBI

Brief :
The Hon’ble NCLT, Kolkata Bench (AA) vide order dated 20th September, 2017 admitted the application under section 7 of the Insolvency and Bankruptcy Code, 2016 (Code) for initiating Corporate Insolvency Resolution Process (CIRP) of M/s Mintri Tea Company Private Limited (CD). In this matter, CoC compised of only Punjab National Bank (PNB). The resolution plan was approved by CoC on 31st May, 2018 and CIRP was completed within 270 days. Later on, PNB filed an application for withdrawal under section 12A before the AA, however, the same was rejected by the AA vide its order dated 03rd August, 2018. This order of AA was set aside by the Hon’ble NCLAT vide order dated 27th February, 2019 wherein the application filed by the PNB for withdrawal of application under section 7 of the Code was allowed and the CD was restored to its old position

Citation :
No. IBBI/DC/42/2020

Daily Limit Reached