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
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
News
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
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
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
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
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
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, 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