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The NCLAT addressed the maintainability of an application filed u/s 95 of the IBC, concerning the appointment of an RP for a personal guarantor. The tribunal held that the moratorium commences upon the filing of the application, not upon registration. Citing a previous case, it emphasized that the date of filing is crucial. The tribunal also discussed a case involving proceedings u/s 13(2) of the SRFAESI Act, highlighting the importance of the date of filing for determining stay of proceedings. The tribunal dismissed the appeal challenging the appointment of an RP, finding no jurisdictional issues.
The NCLAT addressed the maintainability of an application filed u/s 95 of the IBC, concerning the appointment of an RP for a personal guarantor. The tribunal held that the moratorium commences upon the filing of the application, not upon registration. Citing a previous case, it emphasized that the date of filing is crucial. The tribunal also discussed a case involving proceedings u/s 13(2) of the SRFAESI Act, highlighting the importance of the date of filing for determining stay of proceedings. The tribunal dismissed the appeal challenging the appointment of an RP, finding no jurisdictional issues.
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