https://www.taxtmi.com/highlights?id=73170 Provision of IBC are overriding the provisions of SARFAESI or not - Recovery from the Personal Guarantor of a corporate debtor - The securitisation proceedings against personal guarantors of corporate debtors can continue under the SARFAESI. Therefore, initiation of a Section 94 (IBC 2016) proceedings by a Partner of an LLP in his capacity as a guarantor, cannot be averted to the proceedings initiated by the Bank against the petitioner, but in his capacity as a guarantor, under the Act, 2002. - HC en-us Thu, 23 Nov 2023 07:34:13 +0530 Thu, 23 Nov 2023 19:58:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=73170 Provision of IBC are overriding the provisions of SARFAESI or not - Recovery from the Personal Guarantor of a corporate debtor - The securitisation proceedings against personal guarantors of corporate debtors can continue under the SARFAESI. Therefore, initiation of a Section 94 (IBC 2016) proceedings by a Partner of an LLP in his capacity as a guarantor, cannot be averted to the proceedings initiated by the Bank against the petitioner, but in his capacity as a guarantor, under the Act, 2002. - HC Highlights Insolvency and Bankruptcy Thu, 23 Nov 2023 07:34:13 +0530 https://www.taxtmi.com/highlights?id=73170