IN THE NATIONAL COMPANY LAW TRIBUNAL

AHMEDABAD

COURT - 2 ITEM No.1

C.P. (IB)/116(AHM)2024

Proceedings under Section 94 IBC

IN THE MATTER OF:

Shashank Jayantilal Shah ........Applicant

V/s

Bank of India ........Respondent

Order delivered on: 18/03/2024

Coram:

Mrs. Chitra Hankare, Hon’ble Member(J)

Dr. Velamur G Venkata Chalapathy, Hon’ble Member(T)

PRESENT:

For the Applicant : Mr. Mohit Gupta, Adv.

For the Respondent :

ORDER

1. This is an application filed by personal guarantor/applicant under section 94 of

the Insolvency & Bankruptcy Code, 2016 (hereinafter referred as “IBC” for short) against Financial Creditor/Respondent, for initiating Insolvency Process

in respect of Personal Guarantor.

2. The Personal Guarantor had earlier filed the application under Section 94 of

the IBC for the purpose of initiating Insolvency Process in respect of Personal Guarantor against the present Respondent being case no. C.P.(IB)No. 128/2023. However, the said application came to be dismissed on 31.01.2024 being defective with the liberty to file a fresh on the ground that there is no declaration in terms of Section 94(4) and (5) of IBC. The Personal Guarantor had again filed the application under Section 94 of the IBC