Tribunals and CommissionsFull Bench(2025) 03 NCLAT CK 0672

Pankaj Singhania vs State Bank of India & Ors.

National Company Law Appellate Tribunal · Decided on 17 March 2025

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
Comp. App. (AT) (Ins) No. 438 of 2025

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Judgment

3 paragraphs · 165 words

17.03.2025: This appeal has been filed against the order dated 24.02.2025 by which order Section 94 application filed by the appellant has been rejected by the National Company Law Tribunal, Chandigarh Bench on the ground that the application filed by appellant is incomplete since the personal guarantee agreement has not been appended.

2.

Ld. Counsel for the appellant submits that subsequent to passing of the order dated 24.02.2025 appellant has obtained the Deed of Guarantee dated 30.12.2014 which is annexed in this appeal. In the facts of the present case, we are of the view that ends of justice be served in closing this appeal with liberty to the appellant to file a fresh application u/s 94 which liberty was granted to the appellant on earlier occasions. We thus, dismiss the appeal subject to liberty that a fresh complete application along with the deed of guarantee may be filed by the appellant within 30 days from today.

3.

With these observations, we dismiss the appeal.