Writ Petition Civil No. 1284 of 2021 (Dilip B Jiwrajka

Reportable/Non-Reportable
                                           
      
  
     Appeal No. 30 of  2021-DRAT-Kolkata
     IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
   THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
               CHAIRPERSON
  Appeal No. 30 of 2021
             (Arising out of O.A. 189 of 2019 in DRT-III, Kolkata) 
1. Nilratan Datta, CL-89, Salt Lake City, Sector-II, Kolkata – 700091;
2. Niloy Datta, CL-89, Salt Lake City, Sector-II, Kolkata – 700 091;
3. Tapasi Datta, CL-89, Salt Lake City, Sector-II, Kolkata – 700 091.
                
         … Appellant
-Versus-
Kotak Mahindra Bank Limited, 27B, B K C, C-27, G-Block, Bandra Kurla 
Complex, Bandra (E), Mumbai – 400 051.   
   .…  Respondents
1. Multiple Educational & Manpower Development Trust, 13, Dum Dum 
Road, Kolkata – 700 074;
2. Smt. Jyotsna Rani Datta (Trustee), CL-89, Salt Lake City, Sector-II, 
Kolkata – 700091;
3. Ms. Namrata  Datta (Trustee), CL-89, Salt Lake City, Sector-II, 
Kolkata – 700091;
4. Camellia Educational & Manpower Development Trust, 13, Dum Dum 
Road, Kolkata – 700 074;
5. Multiple Hotels Private Limited0, 6, Milan Pally, Deshapriya Nagar, 
Belghoria,  West Bengal – 700 056 and also at  13, Dum Dum Road, 
Kolkata – 700 074;
6. Camellia Educare Trust, 13, Dum Dum Road, Kolkata – 700 074.
                   …  Proforma Respondents
Counsel for Appellants     
 …   
Mr. Shaunak Mitra (through 
virtual mode)
Ms. Priyanka Kundu
Mr. Amandeep Singh
Mr. Soham Bandopadhyay
Counsel for Respondents          
 …   
Mr. Sarathi Dasgupta (through 
virtual mode)
Mr. Pratik Ghose
Mr. Avishek Roy Chowdhury
JUDGMENT                         
:   
15th May, 2024
THE APPELLATE TRIBUNAL : 

2
      
  Appeal No. 30 of   2021-DRAT-Kolkata
Instant appeal has arisen against judgment and order 
dated 15.3.2021, passed by Learned DRT-III, Kolkata, in 
I.A. 661 of 2021 arising out of O.A. 189 of 2019 (Kotak 
Mahindra 
Bank 
Limited 
-vs- 
Multiple 
Educational 
& 
Manpower Development Trust & Others). 
2.
O.A. 189 of 2019 was filed by the Applicant Bank 
against the Respondents. I.A. 661 of 2021 was filed by the 
Defendants  for stay of the proceedings of O.A. 189 of 2019 
under Section 96 of the Insolvency And Bankruptcy Code, 
2016  (hereinafter referred to as the Code) on the ground 
that in the O.A. proceedings Defendants have put in their 
appearance  
after filing of the written statement on 
16.12.2019.  An application, being I.A. 577 of 2021, was 
moved for amendment for bringing on record certain 
subsequent developments. Pending proceedings, Defendants 
preferred an application under Section 7 of the Insolvency 
And Bankruptcy Code against Defendant No. 8, viz. Multiple 
Hotels Private Limited before NCLT, Kolkata being CP (1B) 
No. 204/KB/2019 wherein NCLT declared a moratorium in 
accordance with law under Section 14 of the Code.  Interim 
Resolution Professional was also appointed. 
Being aggrieved by the order dated 4.10.2019, one of 
the Directors of Defendant No. 8 preferred an Appeal       
No. 1138 of 2019 before the National Company Law 
Appellate Tribunal wherein vide order dated 25.10.2019, 
Hon’ble NCLAT restrained the Interim Resolution Professional 
from constituting Committee of Creditors till the next date of 

3
      
  Appeal No. 30 of   2021-DRAT-Kolkata
hearing; 
which 
order 
was 
subsequently 
vacated 
on 
17.12.2019. A Committee of Creditors had been constituted. 
3.
Subsequently, Bank filed an application under Section 
95 (1) of the Code against Defendant No. 2 Nilratan Datta 
who gave his personal guarantee, before the NCLT, Kolkata 
on 4.12.2020 registered as IB (IBC)/1375 (KB) of 2020 
wherein the Defendant No. 2 has been given an opportunity 
to file affidavit. Further, two separate applications bearing 
Nos. C.P.(IB) 13993/KB/2020 and C.P. (IB) No. 13992/KB 
2020 were filed against Defendants No. 3 and 4, viz. Tapasi 
Datta and Nilratan Datta invoking their personal guarantee 
before the NCLT, Kolkata on 

…