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2025 Supreme(Online)(NCLT) 5033

NATIONAL COMPANY LAW TRIBUNAL
Shri. Vinay Goel, Smt. Madhu Sinha, JJ
M/s. Kerala Financial Corporation – Appellant
Versus
Dr. Bharath Chandran – Respondent


Advocates:
For the Appellant:Mr. Vinod P V, Advocate
For the Respondent:Mr. Liju V Steephen, Advocate, Mr. M Sreekumar, Advocate

Table of Content
1. introduction of bankruptcy applications against personal guarantors. (Para 1 , 2 , 3)
2. delay due to previous moratorium on corporate debtor. (Para 4 , 5)
3. discussion on condonation of delay under the statute. (Para 8 , 18)
4. responses regarding prior applications and their impact. (Para 11 , 12)
5. court's interpretation of mandatory timelines in statutory context. (Para 20 , 23)
6. court's final ruling on condonation with conditions. (Para 24 , 25)

ORDER

Per: Coram

1. These two applications have been filed by the Kerala Financial Corporation, Applicant/Creditor, seeking condonation of delay in filing applications under Section 123 (1) of the Insolvency and Bankruptcy Code, 2016 , for initiating bankruptcy proceedings against Dr. Bharath Chandran and Dr. Ashalatha Nair, who had extended personal guarantees for the debt of the same Corporate Debtor, namely Trivandrum International Health Services Limited. As the legal and factual issues in both matters are identical, they have been heard together, and a common order is being passed.

2. The Applicant submits that Dhanlaxmi Bank Ltd. initiated the resolution process against the Respondents, who are the personal guarant

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