KUNWER SACHDEV Vs. DEPARTMENT OF FINANCIAL SERVICES

JUDGEMENT

(1.) The petitioner has filed the instant petition seeking the following reliefs:-

(2.) It is noted that vide order dtd. 20/9/2021, this court recorded that the petitioner is the ex- Director of Su-Kam Power Systems Limited (hereinafter 'Company'). The said Company already went into the Corporate Insolvency Resolution Process (hereinafter 'CIRP') in 2018 and Interim Resolution Professional (hereinafter 'IRP') under the provisions of Insolvency and Bankruptcy Code, 2016 (hereinafter 'IBC' or the 'Code') had already been appointed.

(3.) It was further noted in the order dtd. 20/9/2021 that there were certain grievances against the functioning of the Committee of Creditors (hereinafter CoC) and accordingly, with respect to prayers (b), (c) and (d), it was observed that the same were related to proceedings initiated against the petitioner in respect of the personal guarantees issued by him. Since no orders were passed by the Debt Recovery Tribunal (hereinafter DRT) by that time, therefore, it was left open to the petitioner to take remedy of appeal to the Debt Recovery Appellate Tribunal (hereinafter DRAT) in case, adverse orders are passed against the petitioner; the prayers (b), (c) and (d) were declined to be granted at that stage. Paragraph nos.3 to 5 of the order dtd. 20/9/2021 read as under:-