ORDER
1. The present applicant i.e. State Bank of India has filed two transfer applications i.e. TA (IBC)- 65(PB)/2024 & TA (IBC)- 66(PB)/2024 under Rule l6(d) of the National Company Law Tribunal Rules, 2016 seeking transfer of Company Petitions which are filed and are pending before Court-4, NCLT New
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Delhi. Since similar issues have been raised in both the applications, therefore a common order is being passed.
2. The prayer in the TA (IBC)- 65(PB)/2024 is as follows:
"i. Allow the present application;
ii. Transfer the Insolvency Application bearing C.P. (IB) No. 555 of 2022 from Court IV of the Hon'ble NCLT, Delhi Bench at New Delhi to the Principal Bench of the Hon'ble NCLT at New Delhi;
iii. Pass any other order as this Hon'ble Principal Bench may deem just, fit and proper in the facts and circumstances of the case."
3. The prayer in the TA (IBC)- 66(PB)/2024 is as follows:
"i. Allow the present application;
ii. Transfer the Insolvency Application bearing C.P.(IB) No. 553 of 2022 from Court IV of the Hon'ble NCLT, Delhi Bench at New Delhi to the Principal Bench of the Hon'ble NCLT at New Delhi;
iii. Pass any other order as this Hon'ble Tribunal may deem just, fit and proper in the facts and circumstances of the case."
4. In so far as, the TA (IBC)- 65(PB)/2024 is concerned, it is stated by Ld. Counsel for the Applicant that C.P. (IB)- 399/2022 titled as "Kissan Impex Private Limited v. Anita Garg" is pending before Prinicpal Bench, NCLT and against the same Respondent i.e. Ms. Anita Garg, State Bank of India has also filed Company Petition under Section 95 of the Code i.e. CP (IB) No. 555 of 2022 titled as "SBI v. Anita Garg"
which is listed before the Court-4, NCLT New Delhi and the Applicant seek transfer of the same to the Principal Bench,
NCLT.
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5. In so far as, the TA (IBC)- 66(PB)/2024 is concerned, it is stated that Kissan Impex Private Limited has also filed a Section 95 petition i.e. CP (IB) 398/ND/2022 against Mr. Prem Chand Garg titled as "Kissan Impex Private Limited
v. Prem Chand Garg" pending before the Principal Bench, NCLT. In this against the same Respondent i.e. Mr. Prem Chand Garg, State Bank of India has also filed Section 95 petition i.e. CP (IB) No. 553 of 2022 titled as "SBI v. Prem Chand Garg" which is pending before the Court-4, NCLT New Delhi. Therefore, the Applicant seeks transfer of this matter also to the Principal Bench, NCLT, stating that since the Respondents are the same in all these proceedings, for effective and proper adjudication, it should be before one particular court.
6. Ld. Sr. Counsel Mr. Sunil Fernandes appeared on behalf of the Respondent, and on more than one occasion, they have attempted to resolve the issue amicably with the State Bank of India, and they have also stated they have given a revised offer on 12.05.2025/15.05.2025. It is up to the Bank to make a decision on its own merits. However, for the convenience of parties and for the proper adjudication and in the interest of justice, these two transfer applications, namely TA (IBC)- 65(PB)/2024 & TA (IBC)- 66(PB)/2024 stand allowed.
7. Accordingly, CP (IB) No. 555 of 2022 titled as "SBI v. Anita Garg" pending before Court-4, NCLT New Delhi, and CP (IB) No. 553 of 2022 titled as "SBI v. Prem Chand Garg" also pending before Court-4, NCLT New Delhi, stand transferred to the Principal Bench, NCLT.
8. In view of the above, the TA (IBC)- 65(PB)/2024 & TA (IBC)- 66(PB)/2024 are allowed and stand disposed of.
9. At request and with consent of the parties, list both matters i.e. CP (IB) No. 555 of 2022 and CP (IB) No. 553 of 2022 on
19.05.2025.
Sd/-
(RAMALINGAM SUDHAKAR)
PRESIDENT
Vinod Arora
16.05.2025