Search Results for "personal guarantor"

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Search Results for "personal guarantor"

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High Court

Madras High Court Appoints Sole Arbitrator and Grants Interim Relief in Financial Dispute Over Hypothecated Assets. Court allows appointment of Receiver under Section 9 of Arbitration and Conciliation Act, 1996 to preserve assets pending arbitration.

9 Feb 2026

The petitioner, Vivriti Capital Limited, filed Arb.O.P.No.720 of 2025 under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, seeking ap...

High Court

Madras High Court Appoints Sole Arbitrator and Grants Interim Relief in Financial Dispute. Court Allows Appointment of Receiver to Secure Hypothecated Assets Under Section 9 of Arbitration and Conciliation Act, 1996.

9 Feb 2026

The petitioner, Vivriti Capital Limited, filed three applications before the Madras High Court: Arb.O.P.No.720 of 2025 under Section 11(6)(a) of the A...

Tribunals

NCLAT Dismisses Financial Creditor's Appeal Against Personal Guarantor Due to Prior Pending Section 95 Proceedings - Bar Under Section 96 IBC. The court held that a subsequent application under Section 95 of IBC is not maintainable when another application under Section 95 is already pending against the same personal guarantor.

30 Apr 2025

The case involves an appeal by Indian Bank (Financial Creditor) against an order of the National Company Law Tribunal (NCLT), Chennai Bench, dated 06....

Supreme Court

Supreme Court Allows Appeal Against High Court's Interference in Personal Insolvency Proceedings Under IBC — High Court Exceeded Writ Jurisdiction by Precluding Statutory Mechanism Before Adjudicating Authority Could Determine Debt Existence

20 Feb 2025

The Supreme Court allowed an appeal against a Karnataka High Court order that had interdicted personal insolvency proceedings under the Insolvency and...

Tribunals

NCLAT Allows Personal Guarantor to File Objection to RP Report Under Section 99 IBC — Right of Hearing Not Extinguished by Filing of Report. Personal Guarantor Entitled to File Objections to Resolution Professional's Report Before Adjudicating Authority Passes Order Under Section 99 of Insolvency and Bankruptcy Code, 2016.

1 Nov 2024

The case involves an appeal filed by Comandur Parthasarathy, the personal guarantor, against an order dated 21.10.2024 passed by the National Company ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantor Despite Pending DRT Proceedings — Guarantee Invocation Notice and DRT Recovery Certificate Constitute Debt Under IBC. The NCLAT held that the Adjudicating Authority erred in rejecting the Section 95 application on the ground that the guarantee invocation notice and DRT recovery certificate do not constitute a debt under Section 3(10) of the IBC, 2016.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) heard two appeals filed by IDBI Bank Ltd. against orders of the NCLT, Indore Special Bench, reject...

Tribunals

NCLAT Dismisses Appeals Against Admission of Personal Insolvency Application Under Section 95(1) IBC — Guarantors' Challenge Fails Due to Debt Acknowledgment and Lack of Objection Before NCLT. The Tribunal held that the appeals were not maintainable as the appellants had acknowledged the debt and failed to raise any dispute before the Adjudicating Authority, and no infirmity was found in the impugned order.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, delivered a common judgment in two connected appeals filed by Mr. Rajesh Bhatia an...

Tribunals

NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

30 Nov -0001

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

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