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Final debt recovery adjudication fixing personal guarantors'...

Personal guarantee liability remains fixed after final debt adjudication, while repayment plans require creditor-majority approval.

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IBC September 23, 2026 Case Laws AT
Final debt recovery adjudication fixing personal guarantors' joint and several liability for the entire dues prevents them from re-agitating a claim that their guarantees were limited to the market value of mortgaged properties in collateral proceedings under Section 114 of the Code. Guarantee clauses requiring payment on default and permitting enforcement despite unrealisable security operate with mortgage-related provisions, rather than creating a liability cap. A repayment plan requires the prescribed affirmative creditor vote; the Adjudicating Authority cannot substitute its commercial view where that approval is absent. No prejudice or vitiation of the statutory process was established.

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Acts Income Tax