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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


Admission of Personal Insolvency Proceedings Without Considering Reply Violates Principles of Natural Justice: NCLAT
The NCLAT, New Delhi ruled that admission of personal insolvency proceedings under the IBC without considering a reply on record and submissions advanced violates principles of natural justice and cannot be sustained in law.
Feb 122 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


Successful Auction Purchaser Not Liable for Unfiled Pre-Liquidation Claims: NCLAT Rules in Purchaser’s Favour
The National Company Law Appellate Tribunal (NCLAT) held that a successful auction purchaser is not liable for claims that existed prior...
Jul 15, 20253 min read


NCLAT Declines Appeal, Awaits Third Member’s Opinion on Admission of Personal Guarantors Under Section 419(5), Companies Act
The National Company Law Appellate Tribunal (NCLAT) declined to entertain the appeal, observing that the matter concerning the admission...
Jul 15, 20253 min read
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