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IBC - Highlights / Catch Notes

Home Highlights February 2018 Year 2018 This

Corporate insolvency procedure - guarantee has not been invoked ...


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

February 15, 2018

Case Laws     Insolvency and Bankruptcy     Tri

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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