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IBC - Highlights / Catch Notes

Home Highlights March 2020 Year 2020 This

Initiation of CIRP - if the ‘Contract of Guarantee’ itself ...

Case Laws     Insolvency and Bankruptcy

March 27, 2020

Initiation of CIRP - if the ‘Contract of Guarantee’ itself mentions that the liability of a Guarantor will be independent and separate than that of ‘Principal Debtor’s liability, then an application against the Guarantor as per Section 7 is maintainable. The only rider will be that a Creditor is not permitted to do the same, sue the principal Debtor and claim in the Guarantor’s Insolvency at the same time. - AT

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