Miss Lucy
← All judgments

Pankaj Singhania vs State Bank Of India

National Company Law Appellate Tribunal17 March 2025Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins) No. 438 of 2025

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

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free