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2024 Supreme(Online)(NCLT) 132

NATIONAL COMPANY LAW TRIBUNAL
Rathin Amishbhai Majmudar Resolution Professional of Personal Guarantor (Mr Vasudevbhai Chaturbhai Patel undergoing Personal Insolvency Resolution Process) – Appellant
Versus
Bank of Baroda – Respondent


Advocates:
For the Petitioner:Ravi Pahwa

ORDER

The case is fixed for pronouncement of order.

The order is pronounced in open Court vide separate sheet.

1. The Present Application is filed under Section 94(1) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as "IBC, 2016") r/w Rule 6 (1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for IRP for Personal Guarantors to Corporate Debtor) Rules, 2019.

2. M/s. Shree Gopinath Paper Mills Pvt. Ltd. (hereinafter referred to as Corporate Debtor) has obtained secured loan from 5 creditors i.e., Bank of Baroda, HDFC Bank Ltd., Bajaj Finance Ltd, Unity Small Finance and Kisetsu Saison Finance India Pvt Ltd. (hereinafter referred to as Financial Creditors). The applicant is one of the guarantors for the credit facilities availed by the Corporate Debtor. The date of default of payment is 06.03.2022 (as per Section 13(2) of SARFAESI Act notice dated 06.03.2023 issued by Bank of Baroda) and 20.05.2023 (as per Section 13(2) of SARFAESI Act notice dated 26.05.2023 issued by HDFC Bank Ltd.) against the Corporate Debtor as well as Applicant.

3. On presentation of the application by the Applicant/ Personal Guarantor, this Authority vide order dated 17.01.

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