Requirement on the side of Adjudicating Authority to issue ...

Adjudicating Authority's Omission of Notice to Personal Guarantor u/s 95 Doesn't Violate Natural Justice Principles.

June 17, 2021

Case Laws Insolvency and Bankruptcy Tri

Requirement on the side of Adjudicating Authority to issue notice to the Personal Guarantor at the time of appointing RP - Section 95 of IBC, 2016 - Non-issuance of notice at the time of appointment of RP cannot be held to be a violation of the Principles of Natural Justice, since these cannot be rigid and their applicability depends on the demand of the law and situation. Further, there is no straight jacket formula applicable to the principles of natural justice, which can be followed in each and every case - Tri

View Source

← Previous Next →

Requirement on the side of Adjudicating Authority to issue ...

Adjudicating Authority's Omission of Notice to Personal Guarantor u/s 95 Doesn't Violate Natural Justice Principles.

June 17, 2021

Case Laws Insolvency and Bankruptcy Tri

You may also like:

Initiation of CIRP - It is clear that Respondent ‘Eastern Embroidery Collections Private Limited’ was the Corporate Guarantor of the Principal Borrower ‘Eastern...

The Appellate Tribunal held that the Financial Creditor is permitted to amend the date of default pleaded in the rejoinder affidavit, as the date of default is relevant...

CIRP - Admissibility of Section 95 Applications against Personal Guarantors - discharge the liabilities of Personal Guarantors on approval of Resolution Plan - The...

The court examined whether the application filed by the State Bank of India against the personal guarantor u/s 95 was barred by limitation. It was held that even if no...

The NCLAT set aside the adjudicating authority's mechanical admission of a Section 95 application, finding a lack of independent assessment. The tribunal emphasized that...

NCLAT dismissed an appeal challenging NCLT Delhi's jurisdiction to entertain Section 95 applications against personal guarantors under IBC. The Tribunal held that NCLT...

The Appellate Tribunal examined the objections raised by the Personal Guarantors regarding the violation of principles of natural justice and the locus standi of the...

Maintainability of petition seeking initiation of CIRP against Personal Guarantor/Respondent - invocation of Bank guarantee and time limitation - The case involved an...

The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping...

CIRP - personal Guarantor to Corporate Debtor - Australian National - lack of any Agreement of Guarantee - invalidity of any such Guarantee, even if issued - the...

Maintainability of applications filed before the NCLT against the personal guarantor - The argument of the petitioners that the role of Adjudicating Authority is reduced...

Initiation of CIRP - Personal Guarantor - the application filed by the Financial Creditor against the Personal Guarantor was fully maintainable - the Adjudicating...

CIRP - Company/ corporate debtor under liquidation - non-receipt of limited notice or receipt of defective limited notice - Personal Guarantor - whether the Demand...

The interim moratorium u/s 96 of the Insolvency and Bankruptcy Code (IBC) applies only to the specific debt for which Section 95 proceedings have been initiated against...

NCLAT dismissed appeal challenging initiation of Personal Insolvency Resolution Process under Section 95 of IBC. Court affirmed creditor's right to file application...

Quick Updates: