# In the matter of Saurabh Premprakash Chugh vs. The State Bank of India,

> NCLAT judgment dated 2025-07-23. Citation: TCN-2025-NCLAT-00315. The appeal was filed against the order dated 24.02.2025, which dismissed the Section 94…

- **Court:** NCLAT
- **Order date:** 23 Jul 2025
- **Citation:** TCN-2025-NCLAT-00315
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/saurabh-premprakash-chugh-vs-the-state-bank-of-india-67de195c

## Summary

### Background

The appeal was filed against the order dated 24.02.2025, which dismissed the Section 94 application filed by the appellant. An earlier application, CP No. (IB)-7 of 2025, was dismissed on 09.01.2025.

## Facts

The appellant filed an appeal against the order dated 24.02.2025, dismissing their Section 94 application.

An earlier application by the appellant, CP No. (IB)-7 of 2025, was dismissed on 09.01.2025.

The appellant claimed a typographical error in the earlier application, leading to the filing of a fresh application.

The Adjudicating Authority rejected the Section 94 application on merits, citing it as barred by limitation.

The respondent's financial creditor (SBI & SIB) had invoked the guarantee by serving demand notice on 20.03.2017 and 30.06.2018 respectively.

The applicant stated that debt was due on 14.09.2016 and default occurred on 07.10.2020.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in rejecting the Section 94 application as barred by …

**Ratio:** The Adjudicating Authority rejected the application on merits, holding it as barred by

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**Reasoning:** The Authority found inconsistencies in the dates provided by the applicant and noted that

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**Interpretation:** The limitation period is a crucial factor in determining the admissibility of

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**Application:** The principle of limitation was applied to reject the application, as the debt

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Saurabh Premprakas…
- **Respondents:** The State Bank of…
- **Other parties:** SBI…; SIB…
- **Advocates:** Dhiren R…

## Timeline

- **2025-07-23 — Hearing…**: Heard Shri Dave who has…
- **2025-02-24 — Order Da…**: Order by which Section 94 application filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94 — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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