Guarantor Not a Defaulter if Guarantee Uninvoked; Clauses (c) and (h) of Section 29A Don't Apply.

Corporate insolvency procedure - guarantee has not been invoked - guarantor cannot be deemed to be a defaulter, therefore, his case is not covered under clauses (c) and (h) of section 29A of the amended I.B. Code. Disqualifying the entire class of guarantors under clause (h) of section 29A would be discriminatory. - Tri .....

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