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IBC - Highlights / Catch Notes

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Initiation of CIRP - Corporate Guarantor - When the Bank has ...


Corporate Insolvency Resolution Process starts post-guarantor's default after bank's payment notice period ends.

May 1, 2023

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Corporate Guarantor - When the Bank has given time to the Guarantor to make payment on 01.10.2020, there can be no default on part of the Guarantor on any earlier date. The default on part of the Guarantor thus has to be subsequent to the notice dated 01.10.2020 i.e. Non-payment within seven days as required - The Deed of Guarantee dated 17.05.2019 is guarantee on demand and the limitation of Guarantor shall ensue only when demand is made to the Guarantor. - AT

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