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2022 (5) TMI 398 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCHMaintainability of application - initiation of CIRP - Personal Guarantors to Corporate Debtor failed to make repayment of its dues - Financial Creditors - HELD THAT:- The personal guarantor viz Smt. Niharika Devi Dinodiya, has executed personal guarantee from time to time, lastly on 31/03/2013 in favour of the Applicant to secure the repayment of the principal amount of the Credit Facilities together with all interest, additional interest, liquidated damages, premium on repayments, reimbursement of all costs, charges and expenses and all other obligations payable by "ROTL" in respect of the Facility Agreements. The Applicant has issued a Demand Notice in Form B on 06/07/2021 under Rule 7(1) of the IB Rules, 2019. However, the respondent-Personal Guarantor has not paid the amount recalled by the applicant/Financial Creditor as set out in the demand notice dated 06/07/2021 - In this factual conspectus, the applicant prays for initiation of insolvency resolution process, against the respondent/guarantor. It is made known to everyone that on filing this Application by the Applicant/Creditor the interim-moratorium commences in terms of section 96(1)(a) of IBC, 2016 - Application admitted - moratorium declared.
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