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IBC - Highlights / Catch Notes

Home Highlights February 2021 Year 2021 This

IBC - Invoking Bank Guarantee - Corporate Debtor has issued bank ...


Bank Guarantee Can Be Invoked During IBC Moratorium u/s 14(3)(b); Surety's Assets Separate from Corporate Debtor's.

February 27, 2021

Case Laws     Insolvency and Bankruptcy     AT

IBC - Invoking Bank Guarantee - Corporate Debtor has issued bank guarantee for ensuring the price of goods. The bank guarantee is irrevocable and unconditional and payable on demand without demur. The assets of the surety are separate from those of the corporate debtor, and proceedings against the corporate debtor may not be seriously impacted by the actions against assets of third party like surety. Bank guarantee can be invoked even during moratorium period issued u/s 14 of the IBC in view of the amended provision under section 14 (3)(b) of the IBC - AT

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