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In personal guarantor insolvency proceedings initiated by a creditor under Section 95, appointment of a resolution professional under Section 97 is mandatory. The statutory stages under Sections 95 to 99 do not involve judicial adjudication. Objections to the creditor's locus and the maintainability of the application are determined under Section 100 after the resolution professional submits a report. This includes objections to a minority debenture holder's authority under the debenture trust deed, which cannot be adjudicated at the appointment stage.
In personal guarantor insolvency proceedings initiated by a creditor under Section 95, appointment of a resolution professional under Section 97 is mandatory. The statutory stages under Sections 95 to 99 do not involve judicial adjudication. Objections to the creditor's locus and the maintainability of the application are determined under Section 100 after the resolution professional submits a report. This includes objections to a minority debenture holder's authority under the debenture trust deed, which cannot be adjudicated at the appointment stage.
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