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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Ashok Bhushan, J, Indevar Pandey, Member (Technical)
State Bank of India – Appellant
Versus
Anopsingh Kiritsinh Sarvaiya – Respondent
| Table of Content |
|---|
| 1. multiple appeals against nclt dismissal of section 95 applications (Para 2) |
| 2. facts of credit facilities, guarantees, notices, and defaults (Para 3 , 8 , 9 , 15 , 16) |
| 3. appellant: applications within limitation; guarantees invoked (Para 5) |
| 4. respondents: no revival letter; improper guarantee invocation (Para 6) |
| 5. limitation runs from demand notice date post-covid exclusion (Para 10 , 11 , 12 , 13) |
| 6. sarfaesi notice dated 25.10.2019 invokes personal guarantees (Para 14 , 17 , 18) |
| 7. appeals allowed; petitions revived for section 100 order (Para 19) |
ASHOK BHUSHAN, J.
All these Appeal(s) have been filed by the State Bank of India (“SBI”)
challenging the order dated 07.03.2024 passed by National Company Law Tribunal, Ahmedabad (Court-III) dismissing application filed by the SBI under Section 95 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) against the Respondents to the Appeals – the Personal Guarantors of the Corporate Debtor (“CD”) – M/s Yogiraj Ginning and Oil Industries Pvt. Ltd.
2. Separate Company Petitions were filed against each of the Respondent(s) in these Appeal(s), for example Company Appeal (AT) (Ins.) No.865 of 2024 has b
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