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Section 95 IBC Proceedings Against Personal Guarantors Valid Once Corporate Debtor Default Is Finalised
Once default of the Corporate Debtor is finally adjudicated under Section 7 IBC, personal guarantors cannot reopen the issue to resist proceedings under Section 95 of the Code.
Feb 173 min read
Pradeep Upadhyay Liquidator v. Bhadohi Industrial Development Authority (BIDA), REEDLAW 2025 NCLAT Del 11513
Termination of contracts grounded in pre-CIRP breaches and performance deficiencies is not protected by the moratorium under Section 14 IBC and falls outside NCLT’s residuary jurisdiction.
Feb 161 min read
Contract Termination for Pre-CIRP Breaches Not Barred by Section 14 Moratorium | NCLAT
Termination of contracts grounded in pre-CIRP breaches and performance deficiencies is not protected by the moratorium under Section 14 IBC and falls outside NCLT’s residuary jurisdiction.
Feb 163 min read
Amit Kumar Kejriwal v. UCO Bank and Another, REEDLAW 2026 NCLAT Del 02546
The NCLAT held that a Form B demand notice cannot substitute invocation of a personal guarantee and that proceedings under Section 95 IBC against a personal guarantor are not maintainable without prior contractual invocation.
Feb 131 min read
Personal Insolvency Proceedings Under Section 95 IBC Require Prior Invocation of Guarantee: NCLAT
The NCLAT held that a Form B demand notice cannot substitute invocation of a personal guarantee and that proceedings under Section 95 IBC against a personal guarantor are not maintainable without prior contractual invocation.
Feb 133 min read
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