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2024 Supreme(Online)(NCLAT) 726

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Rakesh Kumar Jain, J
Vinod Kumar Agarwal – Appellant
Versus
State Bank of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Kunal Godhwani, Ms. Kinjal Chadha, Ms. Aditi Sharma
For the Respondents: Mr. Siddharth Sangal, Mr. Chirag Sharma, Mr. Sandeep Bajaj

Table of Content
1. initiation of insolvency resolution (Para 1 , 2 , 3 , 4)
2. consideration of limitation and acknowledgment (Para 6 , 7 , 8)
3. arguments on notice and guarantee invocation (Para 9 , 11 , 12 , 14)
4. ruling on acknowledgment resets limitation (Para 20 , 30)

ORDER

(Hybrid Mode)

Per: Justice Rakesh Kumar Jain (Oral) 29.08.2024:

This order shall decide two appeals bearing Company Appeal (AT) (Ins) No. 1245 of 2023, filed by Vinod Kumar Agarwal (hereinafter referred to as the first appeal) and Company Appeal (AT) Cont’d…/ (Ins) No. 1247 of 2023, filed by Prahalad Kumar Agarwal (hereinafter referred to as the second appeal) against the common order dated 31.07.2023 passed by National Company Law Tribunal, Cuttack Bench by which an application filed by Respondent No. 1 (State Bank of India). under Section 95 of the Insolvency and Bankruptcy Code, 2016 (in short ‘Code) has been admitted.

2. In brief, ‘Vandana Vidhyut Limited’ secured loan from a consortium of six banks (including Respondent No.1) in which the PNB was the lead bank. The said loan was secured by present appellants in both the appeals along with others as guarantors by executing a deed of guarantee on 27.10.2010.

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