NCLAT analyzed the procedural requirements for initiating ...

Personal Guarantor Insolvency: NCLAT Validates Resolution Process, Confirms Adjudicating Authority's Decisive Power Under Section 99

April 12, 2025

Case Laws     IBC     AT

NCLAT analyzed the procedural requirements for initiating insolvency resolution process for personal guarantors under the Insolvency and Bankruptcy Code. The Tribunal held that the Resolution Professional's report under Section 99 is merely a facilitative document, and the ultimate decision to admit or reject an application rests exclusively with the Adjudicating Authority. The Tribunal found that principles of natural justice were adhered to, with sufficient opportunities provided to appellants, and strict timelines of the special statute were followed. Consequently, the appeals were dismissed, with the impugned orders remaining uninterrupted, affirming the procedural compliance in the insolvency resolution process.

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