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IBC - Highlights / Catch Notes

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The NCLAT held that the application for initiating the IRP ...


NCLAT Upholds Insolvency Process for Guarantor: Debt Acknowledged, No Repayment Evidence, Appeal Dismissed.

January 6, 2025

Case Laws     IBC     AT

The NCLAT held that the application for initiating the IRP against the personal guarantor u/s 95 of IBC was admissible. The guarantor acknowledged the debt and did not deny liability or furnish evidence of repayment as required u/s 99(2). The bank served a demand notice, and the application was filed after expiry of 14 days as per procedure. The RP's independent verification and report confirming the default was critical. The appeal was dismissed.

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