Back
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Ashok Bhushan, J
RAJKUMAR NANDLAL DHOOT – Appellant
Versus
State Bank of India – Respondent
| Table of Content |
|---|
| 1. background of personal guarantor insolvency appeals (Para 1 , 2) |
| 2. interim hearing and procedural directions (Para 3 , 4) |
| 3. appellant's limitation argument from principal default (Para 5) |
| 4. respondent's defense via guarantee demand notices (Para 6) |
| 5. examination of section 95 application and guarantee deeds (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 6. laxmi pat surana on guarantor liability trigger (Para 13 , 14 , 15) |
| 7. limitation starts from demand notice to guarantor (Para 16 , 17) |
| 8. section 95 application within limitation (Para 18 , 19 , 20) |
| 9. impugned orders upheld, appeals dismissed (Para 21 , 22) |
JUDGMENT
Ashok Bhushan, J.
These two appeals have been filed by the Personal Guarantors of the Corporate Debtor challenging two orders of the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench – I dated 04.06.2024 and been filed challenging order passed by NCLT, Mumbai Bench – I dated 04.06.2024 in C.P. (IB) No.1195/MB/2020 by which order application under Section 95 filed by the State Bank of India against the Appellant – Rajkumar Nandlal Dhoot, Personal Guarantor has been admitted. Company Appeal (AT) (Ins.) No.1444 of 2024 has been filed challenging order d
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
