Claim Filed In Borrower Insolvency Not A Demand On Personal Guarantor, Cannot Trigger Insolvency: NCLT Kolkata
Rupali jain
17 Dec 2025 10:48 PM IST
The National Company Law Tribunal (NCLT) at Kolkata has recently held that merely filing a claim in the borrower's insolvency proceedings cannot be treated as a demand on the personal guarantor, reiterating that a guarantee must be formally invoked in accordance with its terms before insolvency proceedings can be initiated against a guarantor. On this reasoning, the tribunal dismissed...
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