Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping arose as the Respondent was identified as a Co-Borrower, not a Personal Guarantor. The Applicant had pursued remedies in other legal forums, such as Arbitration and under the Negotiable Instrument Act, indicating forum shopping. The Tribunal found the Applicant did not approach the Adjudicating Authority with clean hands and rejected the Application for initiating Personal Insolvency Resolution Process against the Personal Guarantor.
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