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IBC - Highlights / Catch Notes

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Maintainability of applications filed before the NCLT against ...


NCLT Can Hear Cases Against Personal Guarantors; Sections 95, 97, 99, 100 of IBC Upheld as Legal and Constitutional.

March 2, 2022

Case Laws     Insolvency and Bankruptcy     HC

Maintainability of applications filed before the NCLT against the personal guarantor - The argument of the petitioners that the role of Adjudicating Authority is reduced to that of a rubber stamp under the context of Sections 95, 97, 99 and 100 of the IBC, is hence not factually correct. This Court finds no illegality or unconstitutionality in Sections 95, 97, 99 or 100 of the IBC. - HC

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