Insolvency Application Against Personal Guarantor is Maintainable u/s 60(1) of IBC even in Absence of Pending CIRP Against CD
The tribunal noted that even in cases where the corporate debtor is not facing insolvency or liquidation proceedings before the NCLT, an application under section 95 may be made against the personal guarantor The National Company Law Appellate Tribunal ( NCLAT ) bench in New Delhi has ruled that, even in cases where the National…