# In the matter of State Bank of India vs. Hemant Kumar Bohra

> NCLT judgment dated 2025-10-07. Citation: TCN-2025-NCLT-01531. The application was filed by Mr. Hemant Kumar Bohra, the personal guarantor of M/s Bohra…

- **Court:** NCLT
- **Order date:** 7 Oct 2025
- **Citation:** TCN-2025-NCLT-01531
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-jaipur/state-bank-of-india-vs-hemant-kumar-bohra-196e39d5

## Summary

### Background

The application was filed by Mr. Hemant Kumar Bohra, the personal guarantor of M/s Bohra Industries Limited, under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, challenging the admission of the claim of State Bank of India (SBI) by the Resolution Professional, Mr. Manohar Lal Vij.

## Facts

Mr. Hemant Kumar Bohra, the personal guarantor of M/s Bohra Industries Limited, filed an application challenging the admission of SBI's claim.

SBI filed a petition bearing CP No. (IB)-19/95(1)/JPR/2021 under Section 95 of the Code read with Rule 7 of the Insolvency and Bankruptcy Rules, 2019.

The Resolution Professional admitted SBI's claim to the tune of Rs. 1,33,43,05,513.

The applicant contended that SBI's claim should be limited to Rs. 68.50 crore as per the supplemental deed of guarantee.

SBI had filed a claim of Rs. 70,72,42,964.68 in the CIRP of the Corporate Debtor.

The Resolution Professional argued that SBI was entitled to levy interest till the date of initiation of the insolvency resolution process.

…

## Issues and analysis

### Issue 1: Whether the initiation of CIRP proceedings against the Corporate Debtor leading to moratorium under …

**Ratio:** Section 14 of the Code does not specify any 'interest waiver' and that too in favour of

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**Reasoning:** The moratorium under Section 14 is intended to safeguard the assets of the Corporate

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**Interpretation:** The moratorium does not prevent the accrual of interest on the debt of the

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**Application:** The Adjudicating Authority held that SBI was entitled to levy interest till the

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## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Appellants:** Hemant Kuma…
- **Respondents:** Bohra Industries…; Manohar L…; +1 more
- **Advocates:** Prateek K…; Mohd. B…; +3 more

## Timeline

- **2024-03-28 — Initiation…**: Insolvency Resolution Process of the Applicant was initiated by the Adjudicating…
- **2025-10-07 — Order Pron…**: Order Pronounced on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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