Search Results for "Section 95 IBC"

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Search Results for "Section 95 IBC"

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High Court

Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

21 Apr 2026

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

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....

Tribunals

NCLAT Dismisses Appeal by Personal Guarantor Against Withdrawal of Insolvency Petition by State Bank of India — Principles of Dominus Litis and Right to Withdraw Under Section 95 of IBC, 2016 Upheld. The Personal Guarantor has no locus standi to object to the withdrawal of a Section 95 petition by the Financial Creditor before admission.

25 Apr 2025

The case involves an appeal filed by S. Srinivasan, a Personal Guarantor of M/s. Sri Venkatram Spinners Pvt. Ltd., against an order of the National Co...

Tribunals

NCLAT Allows Personal Guarantors' Appeals Against NCLT Order Dismissing Recall Applications in Section 95 IBC Insolvency Proceedings. The admission orders were passed without hearing the guarantors, violating natural justice, and the matters were remanded for fresh consideration.

19 Jul 2024

The case involves five appeals filed by personal guarantors (Tummala Sri Ganesh, Tummala Yugandhar, and others) against an order dated 19.07.2024 pass...

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 of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

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