https://www.taxtmi.com/caselaws?id=753983 Proceedings under Section 95 of the Insolvency and Bankruptcy Code, 2016 concerning personal guarantors were remanded because the Adjudicating Authority had not first dealt with the foundational objections of limitation and maintainability to the application for appointment of a Resolution Professional. The High Court noted competing submissions on acknowledgments, revival letters and alternate remedy, but did not enter the merits of those issues. It held that the National Company Law Tribunal should examine limitation and maintainability in the first instance, so the impugned order was sent back for fresh consideration on those objections. en-us Tue, 14 May 2024 00:00:00 +0530 Fri, 14 Jun 2024 08:16:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753983 Proceedings under Section 95 of the Insolvency and Bankruptcy Code, 2016 concerning personal guarantors were remanded because the Adjudicating Authority had not first dealt with the foundational objections of limitation and maintainability to the application for appointment of a Resolution Professional. The High Court noted competing submissions on acknowledgments, revival letters and alternate remedy, but did not enter the merits of those issues. It held that the National Company Law Tribunal should examine limitation and maintainability in the first instance, so the impugned order was sent back for fresh consideration on those objections. Case-Laws Insolvency and Bankruptcy Tue, 14 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753983