# In the matter of IDBI Bank Ltd. & Ors. vs. Hemangi Patel & Ors.

> NCLAT judgment dated 2025-08-06. Citation: TCN-2025-NCLAT-00470. The IDBI Bank filed two appeals challenging identical orders passed by the NCLT, Indore…

- **Court:** NCLAT
- **Order date:** 6 Aug 2025
- **Citation:** TCN-2025-NCLAT-00470
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/idbi-bank-ltd-ors-vs-hemangi-patel-ors-9e76bc9e

## Summary

### Background

The IDBI Bank filed two appeals challenging identical orders passed by the NCLT, Indore Special Bench, which rejected their Section 95 applications against personal guarantors, Hemangi Patel and Noopur Patel, on the grounds of being time-barred.

## Facts

IDBI Bank Ltd. extended credit facilities to Great Logistic and Parking Services Pvt. Ltd., for which Hemangi Patel and Noopur Patel stood as personal guarantors, executing personal guarantees on October 28, 2010 . The corporate debtor defaulted on repayment of cash credit facilities on March 31, 2016 , leading to the account being classified as a Non-Performing Asset (NPA). The creditor issued a guarantee invocation notice to the personal guarantors on October 24, 2016 . Subsequently, an Original Application (OA) was filed before the Debt Recovery Tribunal (DRT) on March 31, 2017, and a recovery certificate was issued in favor of the creditor on January 25, 2019. A demand notice was issued under Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating

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## Issues and analysis

### Issue 1: Whether the application filed under Section 95 of the IBC by IDBI Bank against the personal …

**Ratio:** The limitation period for filing an application under Section 95 of the IBC, similar to

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**Reasoning:** The NCLAT referred to the Supreme Court's judgments in 'Tottempudi Salalith' and 'Gaurav

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**Interpretation:** The NCLAT interpreted the Supreme Court's rulings to mean that a recovery

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**Application:** Applying this interpretation, the NCLAT found that the recovery certificate was

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** IDBI Bank…
- **Respondents:** Great Logistic…; Hemangi…; +1 more
- **Advocates:** Vaibhav G…; Shreedhar…; +2 more

## Timeline

- **October 28, 2010 — Personal Guarantee…**: Hemangi Patel and Noopur Patel executed personal guarantees in favor of IDBI Bank for…
- **March 31, 2016 — Default and NPA…**: The corporate debtor defaulted on repayment of cash credit facilities, leading to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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