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CS Professional · Insolvency and Bankruptcy - Law and Practice · Insolvency Resolution of Individuals and Partnership Firms

Zenith Steels Ltd is undergoing a corporate insolvency resolution process before the NCLT, Mumbai. Its promoter, Mr. Arvind Nair, a personal guarantor to the company's debt, resides in Pune, where a bankruptcy proceeding against him is pending before the Pune DRT. A new application for his insolvency is also to be filed. Under the IBC text, which is correct?

The new application must be filed before the NCLT dealing with Zenith's insolvency process, and the pending proceeding in the Pune DRT stands transferred to that NCLT. Section 179 jurisdiction of the DRT is subject to section 60, which governs personal guarantors of a corporate debtor in CIRP.

  1. ABoth the new application and the pending proceeding stay with the Pune DRT because he resides there
  2. BThe new application is filed before the NCLT dealing with Zenith's CIRP, and the pending proceeding stands transferred to that NCLTCorrect
  3. CThe new application is filed before the Pune DRT, but the pending proceeding moves to the NCLT
  4. DThe new application is filed before the DRAT, and the pending proceeding is abated

Explanation

Section 60(2) requires an application relating to insolvency, liquidation or bankruptcy of a corporate or personal guarantor of a corporate debtor under CIRP to be filed before the NCLT handling that process. Section 60(3) transfers proceedings pending in any court or tribunal to that NCLT. Section 179(1) is expressly subject to section 60, so residence in Pune does not decide the forum.

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