demand notice under clause (b)
under Sub Section 4 of Section 95 of the IBC shall be served
upon the Guarantor demanding the payment ... default in Form B and the Application under Sub Section 1 of
Section 95 of IBC shall be submitted in Form C.
19. At this
Section 95 Application is not in accordance with law.
32. The Respondent-Bank contends that the Rule 7 Notice, along with
Section 95 IBC Petition ... Testing the present case against this provision
under Section 95(4), we find that the Section 95 Application suffers from
various deficiencies, which have also
preliminary objections of the
petitioners on the maintainability of the Section 95 IBC application, on the
ground that the said application was ex-facie time ... IBC, i.e., Section 61, falls under Part II of the IBC. Thus, he
submits that in view of Section 61 of the IBC
preliminary objections of the
petitioners on the maintainability of the Section 95 IBC application, on the
ground that the said application was ex-facie time ... IBC, i.e., Section 61, falls under Part II of the IBC. Thus, he
submits that in view of Section 61 of the IBC
preliminary objections of the
petitioners on the maintainability of the Section 95 IBC application, on the
ground that the said application was ex-facie time ... IBC, i.e., Section 61, falls under Part II of the IBC. Thus, he
submits that in view of Section 61 of the IBC
preliminary objections of the
petitioners on the maintainability of the Section 95 IBC application, on the
ground that the said application was ex-facie time ... IBC, i.e., Section 61, falls under Part II of the IBC. Thus, he
submits that in view of Section 61 of the IBC
aforesaid two petitions filed by the appellant/Financial
Creditor under Sec.95 IBC for initiating insolvency proceedings against two
personal guarantors of the principal borrower ... cause of action for filing a petition
under Sec.7 , 9 or Sec. 95 IBC and the date relevant for computation of
limitation
aforesaid two petitions filed by the appellant/Financial
Creditor under Sec.95 IBC for initiating insolvency proceedings against two
personal guarantors of the principal borrower ... cause of action for filing a petition
under Sec.7 , 9 or Sec. 95 IBC and the date relevant for computation of
limitation
having been
filed under Section 95(1) and the Adjudicating Authority for
application under Section 95(1) as referred in Section 60(1)
being ... IBC is clear. The interim
moratorium under Section 96 of the IBC kicks in as soon as an application is
filed under Section 94/95
having been
filed under Section 95(1) and the Adjudicating Authority for
application under Section 95(1) as referred in Section 60(1)
being ... IBC is clear. The interim
moratorium under Section 96 of the IBC kicks in as soon as an application is
filed under Section 94/95
