Komal Sandeep Bansal vs Respondents

IN THE MATTER OF: Komal Sandeep Bansal ...Appellant Versus ---- ...Respondents

Present: For Appellant : Present but appearance not marked. For Respondents :

ORDER

(Hybrid Mode)

09.09.2025: This appeal has been filed against order passed by the

Adjudicating Authority dated 09.05.2025 by which Section 94 application

filed by the Appellant has been rejected by the Adjudicating Authority holding

that the Appellant was not entitled to file petition without proving its status

as personal guarantor to a corporate person. In Para 13 of the order following

has been observed:

"13. It is pertinent to mention that mere filing of a petition under Section 94 of the Code triggers the interim moratorium under section 96, even if the petitioner is not eligible to file such petition or the petition is not complete in all respects or is not maintainable under the law. The present case appears to be a case where the petitioner is not entitled to file such petition without proving its status as personal guarantor to a corporate person. Therefore, the petition is liable to be dismissed and is hereby dismissed."

2. Learned counsel for the Appellant challenging the order submits that

the Appellant due to inadvertent error has not filed the personal guarantee

Cont'd..../ which was given with respect to the Corporate Debtor under which Section 94

application was filed but another guarantee of same date was filed by mistake.

He further submitted that the Adjudicating Authority has also observed that

there was no proper invocation under the guarantee.

3. We have considered the submissions of learned counsel for the

Appellant and perused the record.

4. In Para 13 of the order, the Adjudicating Authority clearly observed that

petitioner is not entitled to file Section 94 petition without proving its status

as personal guarantor to a corporate person. When the Appellant himself

admits that he has not filed the correct guarantee document due to mistake,

we do not find any error in the order of the Adjudicating Authority rejecting

Section 94 application. However, in facts of the present case, the rejection of

the application under Section 94 shall not preclude the Appellant to file a

fresh petition under Section 94 in accordance with law. If a fresh petition is

filed by the Appellant, the same shall be decided in accordance with law

without being influenced by the observations made in the impugned order.

Subject to above, the appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Comp. App. (AT) (Ins.) No. 1272 of 2025 2 of 2