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2024 Supreme(Online)(NCLAT) 1015

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Arun Baroka (Member (Technical)) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Shri Narayanbhai N Patel – Appellant
Versus
State Bank of India and Anr – Respondent


J U D G M E N T

(Hybrid Mode) Per: Barun Mitra, Member (Technical)

The present appeal filed under Section 61(1) of Insolvency and Bankruptcy Code 2016 (‘ IBC ’ in short) by the Appellant arises out of the Order dated 27.06.2024 (hereinafter referred to as ‘ Impugned Order ’) passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench-I) in C.P/IB/205/AHM/2022,

C.P/IB/206/AHM/2022 and C.P/IB/215/AHM/2022 respectively . By the impugned order, the Adjudicating Authority has admitted the application filed by the Respondent No.1- State Bank of India under Section 95(1) of IBC initiating insolvency resolution process of the Appellant- Mavjibhai Nagarbhai Patel being the Personal Guarantor of the Corporate Debtor. Aggrieved by the impugned order, the present appeal has been preferred by the Appellant.

2. The significant dates and sequence of events which require to be noticed for deciding the matter at hand are as placed below: • The Corporate Debtor-Vrundavan Ceramic Pvt. Ltd. had been sanctioned loan facilities by the Respondent No.1- Bank. The Personal Guarantor-Appellant had executed a Deed of Guarantee dated 09.04.2005 followed by Supplemental Deeds of Guarante

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