PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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Section 14 moratorium under the IB Code applies only to the corporate debtor against whom CIRP has been initiated, so it cannot bar proceedings against a separate principal borrower who is not subject to insolvency proceedings. The Court held that the corporate guarantor's insolvency and possible resolution do not extinguish the borrower's independent liability to the creditor, and the suit could proceed against the borrower. Section 96 interim moratorium for personal guarantors was also confined to the debts of those guarantors and could not be extended to protect the principal borrower. The suit was therefore stayed only against the corporate and personal guarantors, and continued against the borrower.
Section 14 moratorium under the IB Code applies only to the corporate debtor against whom CIRP has been initiated, so it cannot bar proceedings against a separate principal borrower who is not subject to insolvency proceedings. The Court held that the corporate guarantor's insolvency and possible resolution do not extinguish the borrower's independent liability to the creditor, and the suit could proceed against the borrower. Section 96 interim moratorium for personal guarantors was also confined to the debts of those guarantors and could not be extended to protect the principal borrower. The suit was therefore stayed only against the corporate and personal guarantors, and continued against the borrower.
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