Personal guarantee enforcement and corporate insolvency resolution continues to generate significant judicial discourse under the Insolvency and Bankruptcy Code, 2016. A recent pronouncement by the National Company Law Appellate Tribunal, Principal Bench, New Delhi, in Amit Bhatnagar v. UCO Bank and Ors., Comp. App. (AT) (Ins) No. 2038 of 2024 and Comp. App. (AT) (Ins) No. 2039 of 2024, decided on 12 May 2026 by a Division Bench comprising Justice Mohammad Faiz Alam Khan and Mr. Naresh Salecha, provides critical clarity on the maintainability of Section 95 proceedings against personal guarantors notwithstanding the approval of a resolution plan concerning the corporate guarantor. The judgment addresses two pivotal questions: whether…
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