Pankaj Singhania vs State Bank Of India
- CitationComp. App. (AT) (Ins) No. 438 of 2025
Ratio decidendi
The rule this decision rests on
The order reasons that a Section 94 application which omits the personal guarantee agreement on which it relies is incomplete and may be rejected on that ground, but that where the missing document is subsequently obtained the appellant may be given liberty to file a fresh, complete application within a fixed period rather than having the appeal allowed on the earlier defective filing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Pankaj Singhania ...Appellants Versus State Bank of India & Ors. ...Respondents
Present: For Appellant : Mr. Akaant K.M., Advocate. For Respondents :
ORDER
(Hybrid Mode)
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.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) harleen/NN
2 of 2 Company Appeal (AT) (Ins) No. 438 of 2025
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