# In the matter of Anuradha Choudhari, CP (IB) No. 01/94/JPR/2022

> Read the full IBC case summary for In the matter of Anuradha Choudhari, CP (IB) No. 01/94/JPR/2022. NCLT judgment dated 2022-05-30. Citation:…

- **Court:** NCLT
- **Order date:** 30 May 2022
- **Citation:** TCN-2022-NCLT-04748
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anuradha-choudhari-cp-ib-no-0194jpr2022-a2e8985d

## Summary

### Background

The applicant, a personal guarantor for a corporate debtor, filed an application under Section 94(1) of the Insolvency and Bankruptcy Code, 2016, seeking to initiate an insolvency resolution process against herself due to the corporate debtor's default and subsequent liquidation.

## Facts

Anuradha Choudhari, the applicant, is a personal guarantor for M/s Emgee Cables & Communications Pvt. Ltd. (the 'Corporate Debtor'). The Corporate Debtor obtained loans from Dena Bank, Edelweiss Retail Finance Ltd., and Small Industries Development Bank of India (SIDBI). Following a default by the Corporate Debtor, the applicant received a notice dated May 28, 2018, under section 13(2) of the SARFAESI Act, 2002, from Dena Bank, seeking to invoke her personal guarantee.

…

## Issues and analysis

### Issue 1: Whether the application filed by the personal guarantor under Section 94(1) of the Insolvency and…

**Ratio:** An application under Section 94(1) of the IBC by a personal guarantor is admissible if…

**Reasoning:** The applicant, as a personal guarantor, failed to fulfill her obligations within 60 days…

**Interpretation:** The court interpreted Section 94(1) of the IBC and Rule 6 of the Insolvency and…

**Application:** Given that the applicant was a debtor in default, had filed the application in…

## Parties

- **Judges:** Deep Chandr…; RAGHU N…
- **Advocates:** For the Applicant:…

## Timeline

- **May 28, 2018 — Notice under SARFAESI…**: Dena Bank issued a notice under section 13(2) of the SARFAESI Act, 2002, to the…
- **July 27, 2018 — CIRP Admi…**: The Adjudicating Authority admitted an application under Section 9 of the Code for…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/anuradha-choudhari-cp-ib-no-0194jpr2022-a2e8985d