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State Bank Of India vs Prem Chand Garg (Personal Guarantor Of ...

National Company Law Appellate Tribunal20 December 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appeal turns on whether costs may be imposed on an applicant where the adjudicating authority's observations of concealment are directed only at the personal guarantor, and the tribunal's reasoning on that point is brief: it finds no sufficient grounds for imposing costs on the applicant, and sets aside the cost so imposed. Separately, on the delay application, the tribunal holds that where an order has not been pronounced in open court and was uploaded to the portal on a particular date, the limitation period for appeal runs from that upload date, so that an appeal e-filed within 30 days of upload is within time and no delay is to be condoned.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 2303 of 2024&I.A. No. 8664 of 2024

IN THE MATTER OF: State Bank of India ...Appellant Versus Prem Chand Garg (Personal Guarantor of Nutrionex Manufacturers Ltd.) ...Respondent

Present: For Appellant : Mr. Ankur Mittal, Ms. Yashika Sharma and Ms. Muskan Jain, Advocates for SBI.

For Respondent : Mr. Ashish Verma and Mr. Nikhil Thakur, Advocates.

WITH

Company Appeal (AT) (Insolvency) No. 2309 of 2024 & I.A. No. 8683 of 2024

IN THE MATTER OF: State Bank of India ...Appellant Versus Anita Garg (Personal Guarantor of Nutrionex Manufacturers Ltd.) ...Respondent

Present: For Appellant : Mr. Ankur Mittal, Ms. Yashika Sharma and Ms. Muskan Jain, Advocates for SBI.

For Respondent : Mr. Ashish Verma and Mr. Nikhil Thakur, Advocates. ORDER

(Hybrid Mode)

20.12.2024 : I.A. Nos. 8664 & 8683/2024

1. These are Applications praying for condonation of 22 days delay in filing

of the Appeal.

2. The Order impugned was passed on 30.09.2024 and the Appeal has

been e-filed on 21.11.2024.

3. Learned Counsel for the Appellant submits that the Order was not

pronounced and it was uploaded only on 22.10.2024, hence the Appellant

had no occasion to know about the Order and Appeal was e-filed on

22.11.2024 i.e., within 30 days from uploading of the Order.

4. Counsel for the Respondent does not oppose the condonation of delay.

5. In view of the aforesaid, we do not find any delay in filing the Appeal.

Order has been uploaded on 22.10.2024 and the Order having not been

pronounced in the Court, the delay condonation Application is allowed

accordingly.

Comp. App. (AT) (Ins.) Nos. 2303 & 2309 of 2024

1. These two Appeals have been filed by the State Bank of India (SBI)

challenging the Order dated 30.09.2024 insofar as it imposes cost of Rs. 2

Lakhs on the SBI.

2. Application under Section 95 was filed by the SBI against the Personal

Guarantor. The observation which has been made by the Adjudicating

Authority regarding concealment of Application pending against the

Guarantors before the Principal Bench were all amputed to the Personal

Comp. App. (AT) (Ins.) No. 2303 & 2309 of 2024 2 of 3 Guarantor and the observations which have been made in the Impugned

Order are basically against the Personal Guarantor however the Adjudicating

Authority imposed the cost on Applicant as well as the Personal Guarantor.

3. Learned Counsel for the Appellant submitted that observations made

in the Order were against the Personal Guarantor who was alleged to have

concealed the relevant facts and no observations were made against SBI,

hence there was no occasion for imposing the cost on SBI.

4. Learned Counsel for Respondent submits that observations made in the

Order are incorrect. In the present Appeal are only concerned with the cost

imposed on SBI.

5. We find no sufficient grounds for imposing the cost on SBI. We thus

allow the Appeal, set aside the cost of Rs. 2 Lakhs imposed on the SBI.

Both the Appeals are disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 2303 & 2309 of 2024 3 of 3

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