Authority: National Company Law Tribunal, Division Bench, Court - 1, Ahmedabad
Order Date: 10/07/2026
Case Overview
This matter pertains to an Application (IA/1048(AHM)2026) filed by Mrs. Pinkal Harshbhai Soni within the main proceedings of C.P.(IB)/171(AHM)2025, which are proceedings under Section 94 of the Insolvency and Bankruptcy Code (IBC), 2016. The Application was filed under Section 60(5)(c) of the IBC, 2016, read with Rule 11 of the NCLT Rules, 2016. The Applicant, Mrs. Soni, has made specific prayers against the Respondent, Bank of Baroda, and a second respondent identified as a Personal Guarantor. The principal allegation is the non-payment of pending costs. The Applicant seeks an order for Bank of Baroda to pay a pending cost of Rs. 5,21,703/-, as enumerated in Paragraph 15 of the application. A further prayer seeks an order directing the Personal Guarantor to pay a pending cost of Rs. 1,50,000/- specifically towards IRP Fees and Advocate Fees.
Final Outcome
The Tribunal, comprising Mr. Shammi Khan (Member Judicial) and Mr. Sanjeev Sharma (Member Technical), has not made a final ruling on the merits of the application. The order is procedural. The Tribunal has issued formal notice to the Respondents (Bank of Baroda and the Personal Guarantor), returnable by the next date of hearing. The Applicant is directed to collect the notice from the Registry within three days and serve it upon the Respondents via Registered Post/Speed Post, Dasti, and their registered e-mail addresses, along with a copy of this order. The Respondents are given seven days from the date of receipt of notice to file their reply. The Applicant may then file a rejoinder within seven days after that. The Applicant is also directed to file an Affidavit of Service before the next date. The matter has been listed for further consideration on 05.08.2026. The final outcome on the applicant's prayers for cost recovery is therefore pending and subject to further hearings.
Topics: NCLT Proceedings, Cost Recovery, Insolvency & Bankruptcy Code