# In the matter of Tata Capital Financial Services Ltd Vs. Sunil Sarojbhai Shah, CP (IB)/751/MB/2022

> NCLT judgment dated 2022-08-23. Citation: TCN-2022-NCLT-01307. Tata Capital Financial Services Limited filed a Company Petition for the initiation of the…

- **Court:** NCLT
- **Order date:** 23 Aug 2022
- **Citation:** TCN-2022-NCLT-01307
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tata-capital-financial-services-ltd-vs-sunil-sarojbhai-shah-cp-ed1a50c9

## Summary

### Background

Tata Capital Financial Services Limited filed a Company Petition for the initiation of the Insolvency Resolution Process against the Respondent/Personal Guarantor, Mr. Sunil Sarojbhai Shah, under Section 95 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel presented a demand notice dated 18.02.2021, along with a track report dated 04.03.2022, indicating that the demand notice was duly served on the personal guarantor/respondent. The petitioner also drew attention to a deed of Guarantee dated 29.12.2016 executed by Mr. Sunil Sarojbhai Shah, who is the Personal Guarantor of the Corporate Debtor.

## Facts

Tata Capital Financial Services Limited filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Insolvency Resolution Process against Mr. Sunil Sarojbhai Shah, the personal guarantor of the corporate debtor. A demand notice dated 18.02.2021 was served on Mr. Shah, as evidenced by a track report dated 04.03.2022. Mr. Shah had executed a deed of guarantee on 29.12.2016. Notices sent to Mr. Shah were returned unclaimed but were deemed served as per the law. The petitioner suggested the name of Mr. Rajesh Ramnani as the Resolution Professional.

## Issues and analysis

### Issue 1: Whether the service of notice on the respondent/personal guarantor, Mr. Sunil Sarojbhai Shah, was …

**Ratio:** When notices are sent through postal and registry means and are returned with an

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**Reasoning:** The court noted that the notices sent to the respondent/personal guarantor were returned

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**Interpretation:** The interpretation of the law is that if a notice is sent through proper

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**Application:** In this case, since the notices were sent through postal and registry means and

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## Parties

- **Judges:** H.V. Subb…; SMT ANURADHA…
- **Appellants:** Tata Capital…
- **Respondents:** Sunil Sarojbhai…

## Timeline

- **2016-12-29 — Deed of Guarantee…**: Mr. Sunil Sarojbhai Shah…
- **2021-02-18 — Demand Noti…**: Demand notice was issued to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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