Miss Lucy
← All judgments

State Bank Of India vs Suresh Tyagi

National Company Law Appellate Tribunal25 February 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The filing of an application by a personal guarantor under Section 94 of the Insolvency and Bankruptcy Code, 2016 is not rendered ineffective, nor is the guarantor deprived of the remedy it provides, merely because secured creditor proceedings under the SARFAESI Act, 2002 have commenced and a sale notice has been issued before the application was filed.

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. 225 of 2025

IN THE MATTER OF: State Bank of lndia ...Appellant Versus Suresh Tyagi ...Respondent

Present: For Appellant : Mr. Amrendra Kuamr Singh and Mr. Sanidhya Kumar, Advocates.

For Respondent :

ORDER

(Hybrid Mode)

25.02.2025 : Heard Counsel for the Appellant.

2. This Appeal has been filed against an Order dated 10.12.2024 passed

by the Adjudicating Authority (National Company Law Tribunal, New Delhi,

Court - III), by which Order, Adjudicating Authority has held the Application

under Section 94(1) filed by the Personal Guarantor as maintainable and

directed 27.01.2025 for further consideration.

3. Counsel for the Appellant submits hat Section 94 Application was filed

only to get away from proceeding under SARFAESI Act, 2002. Perusal of the

Order indicates that Bank has issued Notices under Section 13(2) and last

such Sale Notice was issued on 24.07.2024 and thereafter Section 94

Application was filed. Merely because proceeding under SARFAESI had

commenced and last Sale Notice was issued on 24.07.2024 cannot deprive

the Personal Guarantor to take remedy provided under Section 94.

4. We thus do not find any error in the Order of the Adjudicating Authority

holding the Application maintainable. It shall be open for the Appellant to

raise other contentions when the Appeal is heard on merits in accordance

with the law. It shall be open for the Appellant to request the Court to decide

the Application at an early date.

With the aforesaid, Appeal dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 225 of 2025 2 of 2

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