# In the matter of State Bank of India vs. Mr. Hemant Bohra  vide CP No. (IB) 19-95(1)-JPR-2021

> NCLT judgment dated 2021-07-16. Citation: TCN-2021-NCLT-01702. The case involves a petition filed by State Bank of India under Section 95 of the Insolvency…

- **Court:** NCLT
- **Order date:** 16 Jul 2021
- **Citation:** TCN-2021-NCLT-01702
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-mr-hemant-bohra-vide-cp-no-287f8685

## Summary

### Background

The case involves a petition filed by State Bank of India under Section 95 of the Insolvency and Bankruptcy Code, 2016, against Mr. Hemant Bohra, the personal guarantor to the corporate debtor, Bohra Industries Limited. The petition was filed through the Resolution Professional (RP), Mr. Manohar Lal Vij. Bohra Industries Limited was already undergoing Corporate Insolvency Resolution Process (CIRP) under an NCLT Jaipur Order dated 07.08.2019. The petition is based on a personal guarantee given by Mr. Hemant Bohra to State Bank of India for a loan amount of ₹68.5cr, evidenced by a Sanction Letter dated 10.08.2017 and a Supplementary Deed of Guarantee dated 05.09.2017.

## Facts

State Bank of India (SBI) filed a petition under Section 95 of the Insolvency and Bankruptcy Code (IBC) against Mr. Hemant Bohra, who is the personal guarantor for Bohra Industries Limited, the corporate debtor. Bohra Industries Limited was already undergoing Corporate Insolvency Resolution Process (CIRP) based on an earlier order. Mr. Hemant Bohra had provided a personal guarantee to SBI for a loan of ₹68.5cr, documented in a Sanction Letter dated 10.08.2017 and a Supplementary Deed of Guarantee dated 05.09.2017. SBI issued a demand notice to Mr. Bohra on 25.08.2020 for the unpaid debt. The petition under Section 95 was filed after 14 days from the service of the demand notice. The total debt outstanding from the personal guarantor, including interest, was

…

## Issues and analysis

### Issue 1: Whether the application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 is …

**Ratio:** Section 95 of the Insolvency and Bankruptcy Code, 2016 allows a creditor to initiate

…

**Reasoning:** The court considered the documents and submissions made by the applicant, including the

…

**Interpretation:** Section 95 provides a mechanism for creditors to recover debts from personal

…

**Application:** The court applied Section 95 to the facts of the case, finding that Mr. Hemant

…

## Parties

- **Judges:** Ajay Kumar…; RAGHU N…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Bohra Industries…; Hemant…

## Timeline

- **2017-08-10 — Sanction Lett…**: State Bank of India issued a Sanction Letter for a loan amount of ₹68.5cr to Bohra…
- **2017-09-05 — Supplementary Deed of…**: A Supplementary Deed of Guarantee was executed by Mr. Hemant Bohra as the personal…

## 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)

---

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/state-bank-of-india-vs-mr-hemant-bohra-vide-cp-no-287f8685