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    <title>2022 (2) TMI 1295 - NATIONAL COMPANY LAW TRIBUNAL CUTTACK</title>
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    <description>Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 confers residuary jurisdiction only where the dispute arises out of or relates to the corporate debtor&#039;s insolvency or liquidation; a challenge by a personal guarantor to SARFAESI measures against his mortgaged property was therefore not maintainable before the Tribunal. The 15.11.2019 notification applying Part III to personal guarantors did not require all proceedings against them to be brought only under the Code, and it did not displace recovery under other laws. SARFAESI auction and possession proceedings against the guarantor&#039;s secured assets were held to be legally distinct from insolvency proceedings and were not liable to be quashed.</description>
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      <description>Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 confers residuary jurisdiction only where the dispute arises out of or relates to the corporate debtor&#039;s insolvency or liquidation; a challenge by a personal guarantor to SARFAESI measures against his mortgaged property was therefore not maintainable before the Tribunal. The 15.11.2019 notification applying Part III to personal guarantors did not require all proceedings against them to be brought only under the Code, and it did not displace recovery under other laws. SARFAESI auction and possession proceedings against the guarantor&#039;s secured assets were held to be legally distinct from insolvency proceedings and were not liable to be quashed.</description>
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