# In the matter of State Bank of India vs. Ramesh Kumar Totla

> NCLT judgment dated 2025-07-11. Citation: TCN-2025-NCLT-00796. The case pertains to an application filed by State Bank of India against Harsukhbhai Parbatbhai…

- **Court:** NCLT
- **Order date:** 11 Jul 2025
- **Citation:** TCN-2025-NCLT-00796
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/state-bank-of-india-vs-ramesh-kumar-totla-73206f11

## Summary

### Background

The case pertains to an application filed by State Bank of India against Harsukhbhai Parbatbhai Lakkad, a personal guarantor, under Section 95 of the Insolvency and Bankruptcy Code, 2016. The application was initially heard by a Bench in Ahmedabad, where the Members differed on whether the application was barred by limitation and maintainable. The matter was then referred to the Mumbai Bench for an opinion.

## Facts

State Bank of India sanctioned various credit facilities to the Corporate Debtor, which were renewed from time to time.

Deed of Guarantees were executed by the Corporate Debtor to evidence the transaction.

The last Guarantee Agreement was executed by the Corporate Debtor on 12.06.2013 in favour of State Bank of India and on 29.10.2023 in favour of erstwhile State Bank of Patiala.

The Corporate Debtor/Personal Guarantor executed revival letters on 05.10.2011, 17.06.2014, and 17.02.2015.

CIRP was initiated against the Corporate Debtor in 2018 under Section 7 of the IBC, which was admitted on 10.10.2019 and is currently under liquidation.

State Bank of Patiala filed OA No. 07/2018 before DRT, Ahmedabad on 29.12.2017 for recovery of Rs. 15,10,59,321/-.

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## Issues and analysis

### Issue 1: Whether the application under Section 95 …

**Ratio:** The application is

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**Reasoning:** The bench reasoned that allowing the application would revive a time-barred debt, which

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**Interpretation:** The IBC cannot be used to

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**Application:** The application was dismissed as it was filed after the limitation period had

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## Parties

- **Judges:** V.G. B…
- **Appellants:** State Bank of…; Ramesh Kuma…
- **Respondents:** Harsukhbhai…; Bank of B…
- **Advocates:** Jaimin…; Hirva…; +2 more

## Timeline

- **2013-06-12 — Guarantee Ag…**: Last Guarantee Agreement executed by the…
- **2015-10-01 — Demand N…**: Demand notice under Section 13(2)…

## 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)

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