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    <title>2026 (7) TMI 377 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>A personal guarantor&#039;s repeated Section 94 insolvency petition was rejected as time-barred because a demand notice had already been issued in 2017, and limitation was not shifted to the later possession notice. The later identical filing was also held not maintainable, as multiple petitions after earlier dismissals amounted to res judicata and abuse of process, with the filings viewed as attempts to secure an interim moratorium and stall recovery rather than pursue genuine insolvency resolution. Finding no infirmity in the adjudicating authority&#039;s order and noting withholding of material facts, the NCLAT declined interference, dismissed the appeal, and sustained costs for misuse of the insolvency process.</description>
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      <link>https://www.taxtmi.com/caselaws?id=794491</link>
      <description>A personal guarantor&#039;s repeated Section 94 insolvency petition was rejected as time-barred because a demand notice had already been issued in 2017, and limitation was not shifted to the later possession notice. The later identical filing was also held not maintainable, as multiple petitions after earlier dismissals amounted to res judicata and abuse of process, with the filings viewed as attempts to secure an interim moratorium and stall recovery rather than pursue genuine insolvency resolution. Finding no infirmity in the adjudicating authority&#039;s order and noting withholding of material facts, the NCLAT declined interference, dismissed the appeal, and sustained costs for misuse of the insolvency process.</description>
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