# In the matter of Rajani Ajay Gupta & Ors. vs. Indian Bank & Ors.

> NCLAT judgment dated 2025-04-02. Citation: TCN-2025-NCLAT-00135. These are appeals filed by personal guarantors of the corporate debtor, Metrix Healthcare…

- **Court:** NCLAT
- **Order date:** 2 Apr 2025
- **Citation:** TCN-2025-NCLAT-00135
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajani-ajay-gupta-ors-vs-indian-bank-ors-a301aaed

## Summary

### Background

These are appeals filed by personal guarantors of the corporate debtor, Metrix Healthcare Private Ltd., challenging the order passed by the adjudicating authority on 03.10.2024, which admitted Section 95 applications filed by Indian Bank. The bank had extended financial facilities to Metrix Healthcare, including working capital and FITL. The appellants had executed personal guarantee deeds. The corporate debtor's accounts were declared NPA on 30.07.2019, effective from 30.04.2019. Indian Bank filed an O.A. No.191/2020 before the Debt Recovery Tribunal, Ahmedabad, on 16.07.2020, against the corporate debtor and personal guarantors. A recall notice was issued on 27.02.2020, demanding ₹7,88,34,245/-. The corporate debtor made compromise proposals on 05.07.2021 and

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## Facts

Indian Bank extended financial facilities to M/s. Metrix Healthcare Private Limited, including working capital and FITL. The appellants executed personal guarantee deeds in favor of the bank. The accounts of the corporate debtor were declared as NPA on 30.07.2019, with effect from 30.04.2019. The bank filed an O.A. No.191/2020 before the Debt Recovery Tribunal, Ahmedabad, on 16.07.2020, against the corporate debtor and the personal guarantors. A recall notice was issued on 27.02.2020, demanding ₹7,88,34,245/-. The corporate debtor made compromise proposals on 05.07.2021 and 09.03.2022, which were rejected by the bank on 18.04.2022. A demand notice in Form-B dated 16.03.2024 was issued. Company Petition (IB) No.-158/AHM/2024 was filed against Mrs. Rajini Ajay Gupta. The

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## Issues and analysis

### Issue 1: Whether the adjudicating authority erred in admitting the Section 95 application without properly …

**Ratio:** The adjudicating authority must conduct an independent assessment and not solely rely on

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**Reasoning:** The adjudicating authority did not advert to any adjudicatory issue and did not

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**Interpretation:** Section 100(1) of the IBC stipulates that the adjudicating authority must issue

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**Application:** In this case, the adjudicating authority failed to conduct an independent

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Rajani Ajay…
- **Respondents:** M/s. Metrix…; Indian…

## Timeline

- **2019-04-30 — Effective Date of NPA…**: Accounts of the corporate…
- **2019-07-30 — NPA Decla…**: Accounts of the corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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