No reason to direct for issue of any limited notice to the Personal Guarantor, if he being aware of the proceedings – Chandresh Jajoo Vs. Siemens Financial Services Pvt. Ltd. & Anr – NCLAT New Delhi
In the present case, the Appellant has been served copy of the Application under Section 95(1) as per the requirements of the statute and since the Appellant was well aware of the date and appeared on the date before the Adjudicating Authority, NCLAT held that we see no reason to direct for issue of any limited notice to the Appellant, he being aware of the proceedings. The stage of admission or rejection of the Application has not yet arrived and at the stage of admission or rejection of the Application, the Appellant can raise all the objections before the Adjudicating Authority opposing the admission of the Application. It is for the Adjudicating Authority to consider the pleas of both the parties and pass appropriate order as contemplated under Section 100 of the Code.
