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    <title>2018 (12) TMI 1730 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI  </title>
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    <description>In a corporate insolvency resolution process, promoter-shareholders have no vested right to receive a distribution under an approved resolution plan merely because they are affected by its terms. The insolvency framework suspends promoter and related-party rights, including control and voting rights, and does not require them to be placed on par with financial or operational creditors. Treatment of personal guarantees and other securities under the plan was not illegal, because guarantees are independent contracts and a guarantor&#039;s liability remains co-extensive with that of the borrower. Differential treatment between promoter-shareholders and other equity holders was therefore not discriminatory within the insolvency regime.</description>
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    <pubDate>Wed, 19 Dec 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=284574</link>
      <description>In a corporate insolvency resolution process, promoter-shareholders have no vested right to receive a distribution under an approved resolution plan merely because they are affected by its terms. The insolvency framework suspends promoter and related-party rights, including control and voting rights, and does not require them to be placed on par with financial or operational creditors. Treatment of personal guarantees and other securities under the plan was not illegal, because guarantees are independent contracts and a guarantor&#039;s liability remains co-extensive with that of the borrower. Differential treatment between promoter-shareholders and other equity holders was therefore not discriminatory within the insolvency regime.</description>
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      <pubDate>Wed, 19 Dec 2018 00:00:00 +0530</pubDate>
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