National Company Law Appellate Tribunal Dismisses Appeals by Personal Guarantors of Corporate Debtor — Non-compliance with Joint Repayment Plan. Citing rejection of the joint repayment plan by the Committee of Creditors, the court found no merit in the appeals.

Tribunals: National Company Law Appellate Tribunal Bench: CHENNAI
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Case Note & Summary

The appeals were filed by personal guarantors of a corporate debtor concerning a joint repayment plan. The appellants sought to challenge the rejection of their repayment plan by the Committee of Creditors (CoC). The court noted that the direction from the Adjudicating Authority to allow the appellants to file a joint repayment plan was not complied with. During the hearing, it was highlighted that the minutes from the CoC's meeting on 21.02.2026 indicated that the revised joint repayment plan dated 18.02.2026 had been rejected. The court concluded that there were no further considerations necessary regarding the appeals, resulting in their dismissal without costs. The decision underscored the importance of compliance with the CoC's decisions in insolvency proceedings.

Headnote

A) Insolvency Law - Personal Guarantors - Dismissal of Appeals - Insolvency and Bankruptcy Code, 2016 - The appeals were filed by personal guarantors of the corporate debtor against the non-compliance of a direction to file a joint repayment plan. The court noted that the revised joint repayment plan was rejected by the Committee of Creditors (CoC) and found no further issues to consider, leading to the dismissal of the appeals. Held that the appeals lacked merit as the CoC's decision was upheld (Paras 1-3).

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Issue of Consideration

Whether the appeals by personal guarantors regarding the joint repayment plan should be upheld.

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Final Decision

The appeals were dismissed as the court found no merit in the arguments presented, upholding the CoC's decision to reject the joint repayment plan.

Law Points

  • Corporate insolvency
  • personal guarantors
  • repayment plan
  • rejection of plan
  • compliance with authority's direction
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Case Details

2026 LawText (NCLAT) (09) 261

Comp App (AT) (CH) (Ins) Nos. 444, 445, 446, 447 & 448/2026

2026-09-17

Justice N. Seshasayee, Jatindranath Swain

Mr. AS. Sathish Kumar, Mr. AG. Sathyanarayana, Mr. ML. Ganesh, Ms. Sneha Parthasarathy, Mr. V Manivannan

K M Panneerselvam, M P Sakthivel, M P Mohansundar, R Subha, P S Sathish Kumar

Mr. Mahalingam Suresh Kumar, Indian Overseas Bank, Aditya Birla Capital Limited, Tamilnad Mercantile Bank Limited, Standard Chartered Bank

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Nature of Litigation

Appeals filed by personal guarantors of a corporate debtor regarding a repayment plan.

Remedy Sought

The appellants sought to challenge the rejection of their joint repayment plan.

Filing Reason

The appeals were filed due to non-compliance with a direction from the Adjudicating Authority.

Previous Decisions

The direction to file a joint repayment plan was not complied with, and the CoC rejected the plan.

Issues

Whether the appeals regarding the joint repayment plan should be upheld.

Submissions/Arguments

The appellants argued for the acceptance of their joint repayment plan. The respondents highlighted the rejection of the plan by the CoC.

Ratio Decidendi

The court emphasized the necessity of compliance with the decisions of the Committee of Creditors in insolvency proceedings.

Judgment Excerpts

The direction of the Adjudicating Authority enabling these appellants to file a joint repayment plan, and to consider the same, was not complied with. The minutes of the CoC itself records it as a joint repayment plan. We do not consider that anything further requires to be considered in these appeals.

Procedural History

The appeals were filed following a direction from the Adjudicating Authority regarding a joint repayment plan, which was subsequently rejected by the Committee of Creditors.

Acts & Sections

  • Insolvency and Bankruptcy Code:
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