Mumbai NCLT rejects State Bank of India insolvency plea against personal guarantor due to delayed filing
The Mumbai bench of the National Company Law Tribunal dismissed an insolvency petition filed by State Bank of India against a personal guarantor. The tribunal ruled the action was barred by time limitations because the default occurred in February 2016 and no proof extended the period.
Effective Not specified in the update
For professionals: Advise financial creditor clients to audit default dates and limitation periods before filing Section 95 insolvency petitions against personal guarantors. · Ensure all grounds and evidence for extending limitation periods are legally established prior to initiating proceedings before the tribunal. · Note that petitions filed after the limitation period without extension evidence will be dismissed by the tribunal.
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