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NCLT, Kochi: Initiation of CIRP Not Mandatory for Application Against Personal Guarantors - (28 Feb 2022)


National Company Law Tribunal, Kochi has held that when an application for initiation of corporate insolvency resolution process (CIRP) is pending before the NCLT, initiation of CIRP against the Corporate Debtor is not a prerequisite for maintainability of an application under Section 95 of Insolvency and Bankruptcy Code, 2016 filed for initiating IRP against the Personal Guarantor of the Corporate Debtor.


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