2024 (9) TMI 1606

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....: Mr. Sumit Parikh, Adv For the RP: Mr. Rahul Shah, CA Personal Guarantor: Mr. Sanjay Kanani (party in person) For the Kotak:  Mahindra Bank: Mr. Kunal Vaishnav, Adv JUDGEMENT 1. The Present Application is filed under Section 94(1) of the Insolvency and Bankruptcy Code, 2016 (here in after referred as "IBC, 2016") r/w Rule 6 (1) of the Insolvency and Bankruptcy (Application ....

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....016, which has been filed by him on 08.12.2023 recommending the admission of the application filed under section 94 of IBC, 2016. 4. Respondent in his reply submitted that the Petitioner has not produced and has suppressed from this Tribunal regarding the cases filed by the Respondent under Negotiable Instrument Act which is annexed as Annexure A. Respondent further submitted that the Petitione....

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....ument, the applicant has not produced or placed any other document to show that guarantee was invoked against the applicant for the recovery of the amount. 7. In view of the above observations, this application is dismissed for filing an application being a co borrower cum guarantor in which there are certain details not revealed or attached. This application is appears to be filed to escape fr....