https://www.taxtmi.com/caselaws?id=428508 IBC moratorium protections under sections 14 and 33(5) apply to the corporate debtor and its assets, not to independent recovery action against a personal guarantor under SARFAESI. Section 60(5) jurisdiction is confined to questions arising from or relating to the corporate debtor's insolvency resolution or liquidation and does not extend to an independent dispute over the guarantor's personal property. Upon payment, a guarantor may exercise creditor rights through subrogation, but cannot claim secured-creditor status in liquidation without a security interest created in the guarantor's favour. The IBC prevails over inconsistent contractual remedies to that extent. en-us Fri, 30 Sep 2022 00:00:00 +0530 Mon, 03 Oct 2022 08:56:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=428508 IBC moratorium protections under sections 14 and 33(5) apply to the corporate debtor and its assets, not to independent recovery action against a personal guarantor under SARFAESI. Section 60(5) jurisdiction is confined to questions arising from or relating to the corporate debtor's insolvency resolution or liquidation and does not extend to an independent dispute over the guarantor's personal property. Upon payment, a guarantor may exercise creditor rights through subrogation, but cannot claim secured-creditor status in liquidation without a security interest created in the guarantor's favour. The IBC prevails over inconsistent contractual remedies to that extent. Case-Laws Insolvency and Bankruptcy Fri, 30 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=428508