Tag: Personal Guarantor
Collective action by all financial creditors not a prerequisite to file an application under Section 95 of the I&B code
Dheeraj Wadhawan v. Union Bank of India & Anr.[1] NCLAT, Principal Bench, New Delhi Introduction and Facts of the Case The present case, which was decided by the National Company Law Appellate Tribunal (NCLAT) on
Financial Creditor Can Change Default Date via Rejoinder Affidavit Under Section 95 Application against Personal Guarantor
Introduction: In the case of Sanjeeb Ranjeet Das v. Punjab National Bank and Anr.[i], The Hon’ble NCLAT held that a Financial Creditor through a rejoinder affidavit in the application filed under Section 95 of The
“NCLAT clarify when Interim moratorium commences against the Personal Guarantor, If Section 95 Application is not filed before proper jurisdictional NCLT” – An Analysis of the Mr Arvind Dham v. State Bank of India and Anr. Case.
Introduction: The case of Mr Arvind Dham v. State Bank of India and Anr. revolves around the admission of Section 95(1) application filed by the State Bank of India against the appellant, Mr Arvind Dham,
Sections 95 to 100 of the IBC are Constitutional: Supreme Court
A three-judge bench of the Hon’ble Supreme Court (SC) comprising of Chief Justice of India Dr. DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra, while considering a batch of 384 petitions moved under Article
Supreme Court Upholds Constitutional Validity of Insolvency Resolution Provisions Pertaining to Personal Guarantors
The Supreme Court in Surendra B. Jiwrajika and Anr. vs. Omkara Assets Reconstruction Private Limited[i] upheld the constitutionality of the provisions under Part-III, Chapter-III of the Insolvency and Bankruptcy Code, 2016 (I&B Code) pertaining to
Creditors Can Move Against Personal Guarantor of Corporate Debtor Under IBC-NCLAT
The law of Insolvency and Bankruptcy Code (“I&B Code”) is at its nascent stage and there are several legal issues, which still puzzle stakeholders. Applicability of order of moratorium, passed in the insolvency resolution process
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