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IBC - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

The creditors of the Personal Guarantors who are unable to file ...


Section 96: Creditors of Personal Guarantors Can Exclude Moratorium Period from Limitation Period for Filing Applications.

February 8, 2023

Case Laws     Insolvency and Bankruptcy     AT

The creditors of the Personal Guarantors who are unable to file an application due to enforcement of moratorium under Section 96 can very well avail the benefit of period during which moratorium continues, hence, due to interim moratorium enforced by Section 96, the creditors like Central Bank of India and other creditors are in no manner prejudiced. If they have not filed any application during moratorium period, they have every right to file application and for computation of the period of limitation, period during which moratorium is in place is to be excluded - AT

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