SC Allows Simultaneous CIRP Against Borrower & Guarantor

The corporate insolvency landscape in India witnessed a landmark clarification with the Supreme Court’s comprehensive judgment in ICICI Bank Limited v. Era Infrastructure (India) Limited and connected matters, delivered in 2026. This pivotal ruling addressed one of the most contentious issues in insolvency law: whether financial creditors can simultaneously initiate Corporate Insolvency Resolution Process (CIRP)…

IBC| Creditors Can Initiate CIRP Against Both Borrower And Guarantor For Same Debt: Supreme Court

The Supreme Court has reaffirmed that a financial creditor is legally entitled to maintain simultaneous insolvency proceedings against a principal borrower and its corporate guarantor for the same debt, under the Insolvency and Bankruptcy Code, 2016 (IBC). The Bench said that while a creditor is prohibited from “double enrichment” meaning they cannot recover more than…