The Financial Creditor filed an application under Section 95 of the IBC seeking initiation of CIRP against the personal guarantor of the Corporate Debtor. The Respondent argued that the personal guarantee was barred by limitation and not filed through RP, warranting dismissal. The Applicant countered with an NCLAT order stating that all pleadings could be addressed at the time of admission into CIRP.
The State Bank of India, as the Financial Creditor, filed an application under Section 95 of the IBC to initiate CIRP against Pritesh Jayantilal Karia, the personal guarantor of the Corporate Debtor. The Respondent argued that the application was barred by limitation and not filed through the resolution professional (RP). The Applicant presented an order from the NCLAT, Ravi Ajit Kulkarni Vs. State Bank of India dated 2021-08-12, stating that all such pleadings could be taken up at the time of admission of the Corporate Debtor into CIRP. The court then addressed the commencement of the interim moratorium and the process for nominating the IRP.
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NCLAT order in the case of Ravi Ajit Kulkarni…
Order delivered by the NCLT, Ahmedabad,…
The Financial Creditor filed an application under Section 95 of the IBC seeking initiation of CIRP against the personal guarantor of the Corporate Debtor. The Respondent argued that the personal guarantee was barred by limitation and not filed through RP, warranting dismissal. The Applicant countered with an NCLAT order stating that all pleadings could be addressed at the time of admission into CIRP.
The State Bank of India, as the Financial Creditor, filed an application under Section 95 of the IBC to initiate CIRP against Pritesh Jayantilal Karia, the personal guarantor of the Corporate Debtor. The Respondent argued that the application was barred by limitation and not filed through the resolution professional (RP). The Applicant presented an order from the NCLAT, Ravi Ajit Kulkarni Vs. State Bank of India dated 2021-08-12, stating that all such pleadings could be taken up at the time of admission of the Corporate Debtor into CIRP. The court then addressed the commencement of the interim moratorium and the process for nominating the IRP.
NCLAT order in the case of Ravi Ajit Kulkarni…
Order delivered by the NCLT, Ahmedabad,…