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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


Section 10A Bar Does Not Defeat Section 9 Proceedings When Pre-Suspension Defaults Independently Cross IBC Threshold: NCLAT
NCLAT ruled that exclusion of a solitary invoice falling within the Section 10A suspension period does not bar initiation of Section 9 proceedings when remaining operational defaults arose outside the prohibited period.
Feb 43 min read
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