Authority: National Company Law Tribunal, Indore Bench, Court No. 1
Order Date: 16 June 2026
Case Overview
This is an order in proceedings under Section 95 of the Insolvency and Bankruptcy Code, 2016 (IBC). The applicant is the Small Industries Development Bank of India (SIDBI), acting through its Resolution Professional. The respondent is Mr. Pradeep Choudhary, who is the personal guarantor for the corporate debtor, M/s Suman Phosphates & Chemicals Ltd.
The matter was previously heard on 10 April 2026, on which date the respondent had sought and was granted time to file a reply to the application and a Vakalatnama (a document authorizing an advocate to act for a client). The applicant's counsel submitted that as of the current hearing date (16 June 2026), the respondent had failed to file either document. The applicant therefore prayed for the respondent's right to file a reply to be closed.
After the bench had completed its initial proceedings and passed the order to close the respondent's right to file a reply, the counsel for the respondent/personal guarantor appeared and made a plea that his right to file a reply should not be closed. The tribunal noted that this submission was made after the order had already been passed and that the applicant's counsel was not available during this second round of hearing. The tribunal found the respondent's submissions to be not tenable and rejected them.
Final Outcome
The National Company Law Tribunal, Indore Bench, closed the respondent's right to file a reply to the insolvency application. The matter was adjourned and is next listed for hearing on 27 July 2026.
Topics: Insolvency Proceeding, Personal Guarantor, NCLT Order