Benefit of interim moratorium u/s. 96 not granted if application is filed to avoid insolvency process

Punjab National Bank Vs Mohita Indrayan (NCLT Chandigarh) NCLT Chandigarh held that if an application is filed u/s. 94 by the Personal Guarantor himself and it appears that section 94 Application is mere a shield to avoid or dodge the insolvency process, the Personal Guarantor cannot be granted the benefit of an interim moratorium u/s. 96 of the Code. Facts- The Applicant is a Personal Guarantor to M/s Indian Clothing League Private Limited (the Corporate Debtor) for the cash credit facilities to the tune of Rs. 20 crore and Rs. 15 crore from the Punjab National Bank and Allahabad Bank, respec...