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THE CANARA BANK LIMITED v. KISHORE BIYANI
NATIONAL COMPANY LAW TRIBUNAL
COURT-V, MUMBAI BENCH
108. RST.A /70/2025 C.P. (IB)/93(MB)2025
IN THE MATTER OF
Canara Bank
Vs
Kishore Biyani U/s 95(1) of Insolvency and Bankruptcy Code, 2016 Order Delivered on 22.09.2025
CORAM:
SH. MOHAN PRASAD TIWARI SH. CHARANJEET SINGH GULATI
MEMBER (J) MEMBER (T)
Appearance through VC/Physical/Hybrid Mode:
For the Petitioner:-
For the Financial Creditor :- Adv. Harsh Gutka (PH) For the Respondent:- Adv. Kewal Buddhdev (PH) ________________________________________________________________
ORDER
RST. A.70/2025: -This is the application filed by the Canara Bank for restoration of the Company Petition no. 93/2025 which was disposed of on 28.01.2025. The company petition 93/2025 has been filed by the Canara Bank against the personal guarantor Kishore Biyani. On the matter being called the learned counsel for the respondent in the company petition submits that vide order dated 31.07.2025 in CP 959/2023 in the case of Jammu and Kashmir Bank Limited versus Kishore Laxminarayan Biyani, RP has already been appointed. Copy of the said order was tendered across the bar. Learned counsel for the respondent accordingly, submits that since in the case of his client Mr. Kishore Biyani as a personal guarantor, RP has already been appointed, therefore, the present restoration application becomes infructuous as the proceedings in the case of the Respondent has already been initiated by way of appointment of RP in the order dated 31.07.2025 in CP 959/2023.
Learned counsel for the applicant (Canara Bank) submits that taking facts and submissions of the learned counsel for the respondent herein (personal guarantor) on
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record, this Restoration application may be disposed of as infructuous. Accordingly, Restoration Application 70/2025 is disposed of as infructuous. Sd/- Sd/-
CHARANJEET SINGH GULATI MOHAN PRASAD TIWARI
Member (Technical) Member (Judicial) //Anmol//
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