Service of guarantee and demand notices upheld, defeating the personal guarantor's challenge to insolvency proceedings.

Service of the notice invoking the guarantee and the demand notice was established where the creditor and resolution professional produced postal receipts, tracking reports and other dispatch-and-delivery material showing delivery at the guarantor's relevant addresses. The guarantor's objection was rejected because it had not been raised before the Adjudicating Authority despite opportunities to reply, and it was treated as a new contention raised for the first time in appeal. As the record remained unrebutted, the notices were held to have been duly served, the plea of non-service failed, and the admission of the Section 95 application initiating the personal insolvency process was upheld.

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Issues: Whether the personal guarantor had been duly served with the notice invoking the guarantee and the demand notice, so as to sustain the admission of the Section 95 application and the initiation of the personal insolvency resolution process.

Analysis: The challenge was confined to alleged non-service of the notice invoking the guarantee and the demand notice. The record showed that the creditor and the resolution professional placed postal receipts, tracking reports, and related material demonstrating dispatch and delivery of the notices to the guarantor at the relevant addresses. The objection on non-service was not raised before the Adjudicating Authority despite repeated opportunities to file a reply, and it was treated as a new contention raised for the first time in appeal. The materials placed on record remained unrebutted, and the Court found that the notices had in fact been duly served.

Conclusion: The plea of non-service failed. The admission of the Section 95 application was upheld, and the challenge by the personal guarantor was rejected.

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