Search Results for Tag : Guarantor
Judgments
Involuntary act of principal debtor, leading to loss of security, would not absolve a guarantor of its liability(21.05.2021)
The common question which arises in present cases concerns the vires and validity of a notification dated 15th November, 2019 issued by the Central Go.....
Tags : Notification, Guarantor, Liability
Liability of a guarantor would arise on the failure on the part of the principal borrower to honour its commitment; prior to that, it is a contingent liability(29.08.2023)
The Petitioner ('SBI') has filed the present petition impugning an order passed by the learned Debts Recovery Appellate Tribunal ('the DRAT').SBI had .....
Tags : Dues, Guarantor, Liability
News
SC Upholds Validity of IBC Provisions Relating to Personal Guarantors(09.11.2023)
Supreme Court has upheld the constitutional validity of IBC provisions (Section 95 to Section 100) relating to Personal Guarantors Insolvency Resoluti.....
Tags : Supreme Court, IBC, Constitutional Validity, Personal Guarantors
NCLT Kochi Allows Initiation of Insolvency Resolution Process Against Personal Guarantor(27.01.2022)
National Company Law Tribunal, Kochi has allowed initiation of Insolvency Resolution Process (IRP) against the Personal Guarantor, Mr. Shahdulla M.I. .....
Tags : National Company Law Tribunal, Insolvency Resolution Process Against Personal Guarantor
NCLT Kochi Allows Initiation of Insolvency Resolution Process Against Personal Guarantor(27.01.2022)
National Company Law Tribunal, Kochi has allowed initiation of Insolvency Resolution Process (IRP) against the Personal Guarantor, Mr. Shahdulla M.I. .....
Tags : National Company Law Tribunal, Insolvency Resolution Process Against Personal Guarantor
NCLT Kochi Allows Initiation of Insolvency Resolution Process Against Personal Guarantor(27.01.2022)
National Company Law Tribunal, Kochi has allowed initiation of Insolvency Resolution Process (IRP) against the Personal Guarantor, Mr. Shahdulla M.I. .....
Tags : National Company Law Tribunal, Insolvency Resolution Process Against Personal Guarantor
Bombay HC Issues Notice on Plea for Restoration of Assault FIR Over Breach of Consent Terms(27.01.2022)
Bombay High Court has issued notice to actor Armaan Kohli on his ex-girlfriend's application to restore the case she filed against him in 2018 while a.....
Tags : National Company Law Tribunal, Insolvency Resolution Process Against Personal Guarantor
All HC: Guarantor’s Liability Doesn’t Absolve by Itself Upon Approval of Resolution Plan(16.01.2023)
Allahabad High Court has held that approval of a resolution plan under Section 31 of the IBC, does not ipso facto absolve the surety/guarantor of the .....
Tags : Allahabad High Court, Corporate Debtor, Guarantor’s Liability, Resolution Plan
Action under Section 7 of the IBC could be invoked even against a (corporate) guarantor(26.03.2021)
Two central issues arise for determination in present appeal are (i) Whether an action under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IB.....
Tags : Insolvency Process, Maintainability, Corporate Guarantor
NCLT, Kochi: Initiation of CIRP Not Mandatory for Application Against Personal Guarantors(28.02.2022)
National Company Law Tribunal, Kochi has held that when an application for initiation of corporate insolvency resolution process (CIRP) is pending bef.....
Tags : National Company Law Tribunal, Application Against Personal Guarantors
NCLT, Jaipur: Personal Guarantors of NBFC/FSC Cannot be Proceeded Against Unless Threshold Satisfied(28.02.2022)
National Company Law Tribunal, Jaipur has held that Personal Guarantors of Non-Banking Finance Company/ Financial Services Provider cannot be proceede.....
Tags : National Company Law Tribunal, Personal Guarantors of NBFC/FSC
SC Upholds Provisions Allowing Lenders to Pursue Insolvency Proceedings Against Promoter Guarantors(21.05.2021)
Supreme Court has upheld provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) allowing lenders to pursue insolvency proceedings against promot.....
Tags : Supreme Court, Insolvency Proceedings Against Promoter Guarantors
NCLT, New Delhi: Proceedings u/s 95 IBC Shall Abate on Death of Personal Guarantor(11.03.2022)
National Company Law Tribunal, New Delhi has rejected an application filed by the Financial Creditor under Section 95 of the Insolvency and Bankruptcy.....
Tags : National Company Law Tribunal, Death of Personal Guarantor
NCLT, Kolkata: IRP Against Legal Heirs of Personal Guarantor by Financial Creditor Not Permissible(11.04.2022)
National Company Law Tribunal, Kolkata has held that the application is not maintainable against legal heirs of the Personal Guarantor under the Insol.....
Tags : National Company Law Tribunal, Financial Creditor, Personal Guarantor, Bank of Baroda
NCLT, Kolkata: IRP Cannot be Maintained Against Legal Heirs of Personal Guarantor(12.04.2022)
National Company Law Tribunal, Kolkata has held that insolvency resolution process cannot be maintained against the legal heirs of the personal guaran.....
Tags : National Company Law Tribunal, Insolvency Resolution Process, legal heirs, Personal Guarantor
SC: Creditor Can Initiate CIRP Against CD Even After Completion of Same Against Corporate Guarantor(25.07.2024)
Supreme Court has held that a corporate guarantor’s insolvency resolution will not bar the creditor from initiating insolvency process for balance deb.....
Tags : Supreme Court, Insolvency Resolution, Corporate Guarantor
NCLAT: Without Payment in Discharge of Guarantee, Guarantor Cannot Become Financial Creditor(29.11.2024)
NCLAT New Delhi bench has held that without paying amount towards discharging liability of principal borrower for whom guarantee was given, guarantor .....
Tags : NCLAT Delhi, Guarantor, Discharge of Guarantee
NCLAT: In Case of Personal Guarantor, Date of Default Depends on Contract of Guarantee’s Terms(20.12.2024)
NCLAT New Delhi bench has held that liability of a Guarantor arises from the contract of guarantee and hence the date of default in the case of the gu.....
Tags : NCLAT New Delhi, Personal Guarantor, Date of Default
NCLAT: Beneficiaries of Personal Guarantee Can Initiate PIRP against Personal Guarantor(25.02.2025)
NCLAT New Delhi bench has held that Personal Insolvency Resolution Process (PIRP) can be initiated by beneficiaries of personal guarantee against Pers.....
Tags : NCLAT New Delhi, Personal Guarantee, Personal Guarantor
NCLAT: Cannot Consider Serving Demand Notice to Personal Guarantor as Invocation of Guarantee(03.03.2025)
NCLAT New Delhi bench has held that notice under Rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution .....
Tags : NCLAT New Delhi, Demand Notice, Personal Guarantor
NCLAT: Can File Appeal against NCLT Order Initiating Insolvency Process against Personal Guarantors(07.04.2025)
NCLAT New Delhi bench has held that personal guarantors can file appeal under Section 61 of Insolvency and Bankruptcy Code, 2016 against NCLT’s order .....
Tags : NCLAT New Delhi, Insolvency Process, Personal Guarantors
NCLAT: App. u/s 95 IBC is Maintainable against Personal Guarantor Even if No CIRP Process Initiated(27.01.2025)
NCLAT New Delhi bench has held that an application under section 95 of the Insolvency and Bankruptcy Code (IBC) is maintainable against the personal g.....
Tags : NCLAT New Delhi, Personal Guarantor, CIRP Process
NCLAT: Creditors Not Party to Trusteeship Deed are Not Barred from Enforcing Personal Guarantee(31.01.2025)
NCLAT New Delhi bench has held that even if creditors are not party to the trusteeship deed signed between a trust and the personal guarantors on thei.....
Tags : NCLAT New Delhi, Trusteeship Deed, Personal Guarantors
NCLAT: Liability of Personal Guarantor Survives Even on Becoming Citizen of Foreign Country(02.08.2022)
National Company Law Appellate Tribunal (NCLAT), New Delhi Bench has held that liability of Personal Guarantor doesn’t extinguishes upon subsequent ac.....
Tags : National Company Law Appellate Tribunal, Personal Guarantor, Foreign Citizenship
NCLT Kochi: Liability of Personal Guarantor Cannot Exceed Contractual Limit(15.07.2025)
NCLT Kochi has observed that liability of personal guarantor cannot exceed contractual limit and any demand notice exceeding the capped liability shal.....
Tags : NCLT Kochi, Personal Guarantor, Contractual Limit
NCLT Mumbai: Guarantor's Liability Can’t Exceed the Limit Given in Contract of Guarantee(01.05.2025)
NCLT Mumbai bench has held that liability of a guarantor cannot exceed the specified limit in the contract of guarantee and the guarantor is bound onl.....
Tags : NCLT Mumbai, Guarantor's Liability, Contract of Guarantee
NCLAT Rules Guarantor’s Liability Can Exceed Cap Set in Guarantee Deed on Principal Borrower’s Debt(05.09.2025)
NCLAT held that a guarantor’s liability isn’t limited to the capped amount in the guarantee deed. The guarantor’s obligation to repay upon guarantee i.....
Tags : NCLAT, Guarantor, Guarantee deed
NCLAT: Creditors May Choose to Proceed Against One or Multiple Guarantors as They See Fit(05.09.2025)
NCLAT New Delhi ruled that creditors have the discretion to proceed against any or all personal guarantors when multiple guarantors exist. An applicat.....
Tags : NCLAT, Creditors, Guarantors
NCLT Mumbai: Defect in Security Title Doesn't Invalidate a Duly Executed Personal Guarantee(10.09.2025)
NCLT Mumbai bench held that a defect in the security title does not invalidate a duly executed personal guarantee, especially when the guarantor admit.....
Tags : NCLT, Personal Guarantee, Guarantor
NCLAT: Corporate Debtor’s Guarantor Liability Unchanged Despite Internal Adjustments Among Creditors(15.09.2025)
NCLAT ruled that internal adjustments like merger or demerger among financial creditors don’t affect the corporate debtor’s guarantor liability. The l.....
Tags : Corporate Debtor, Guarantor Liability, Internal Adjustments