2. In Harish Kumar Mittal v. State Bank of India (Company Appeal (AT) (Insolvency) No. 2363 of 2024), the NCLAT held that an appeal by a personal guarantor against an order admitting an application under Section 95 of the Code is maintainable under Section 61 of the Code, notwithstanding that Section 61 falls under Part II of the Code while Section 95 falls under Part III of the Code. It rejected the contention that since Section 61(1) provides that “any person aggrieved by the order of the Adjudicating Authority under this Part may prefer an appeal to the NCLAT,” an appeal against an order passed under Part III proceedings could not be maintained under a provision which is itself contained in Part II. It was observed that Section…
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