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2020 Supreme(Del) 544

HIMA KOHLI, SUBRAMONIUM PRASAD
Kiran Gupta – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
Sandeep Sethi, Advocate, Amit Singh Chadha, Advocate, Arvind Kumar Gupta, Advocate, Henna George, Advocate, Rajiv Kapur, Advocate, Akshit Kapur, Advocate, Vikas Mehta, Advocate, Apoorv Khator, Advocate

JUDGMENT

Subramonium Prasad, J. - The short question which arises for consideration in this writ petition is as to whether a bank/financial institution can institute or continue with proceedings against a guarantor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ''the SARFAESI Act''), when proceedings under the Insolvency and Bankruptcy Code 2016 (hereinafter referred to "IB Code") have been initiated against the principal borrower and the same are pending adjudication.

2. In the instant case, respondent No.4/M/s Metenere Ltd. is the principal borrower. Respondent No.4 (for short ''the Principal Borrower'') had obtained loans from the respondent/State Bank of India (for short, ''the Bank''). The petitioner, who is the wife of the promoter of the principal borrower, stood as a guarantor for repayment of the loans. The Bank filed an insolvency petition against the principal borrower under the provisions of the IB Code before the NCLT, Delhi.

3. During the pendency of the insolvency proceedings against the principal borrower, the Bank issued a Notice dated 06.09.2018 under Section 13(2) of the SARFAESI Act to the

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