https://www.taxtmi.com/caselaws?id=782575 The NCLAT (AT) upheld the maintainability of the creditor's application under Section 95 IBC against the personal guarantor and dismissed the appeal. It held that limitation could not be restricted to the 2017 loan recall, as subsequent arbitration, CIRP, a tribunal-recorded settlement in 2019, part-payments in 2020-2021, and a fresh demand notice in 2022 cumulatively extended and revived the debt within limitation. The settlement merely rescheduled payments and expressly provided that upon default the entire unpaid amount would become an admitted debt, thereby preserving and reviving the original liability. The guarantor's liability, being co-extensive and continuing, was neither extinguished nor discharged, and the Section 95 admission order was affirmed. en-us Thu, 27 Nov 2025 00:00:00 +0530 Tue, 02 Dec 2025 08:35:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=782575 The NCLAT (AT) upheld the maintainability of the creditor's application under Section 95 IBC against the personal guarantor and dismissed the appeal. It held that limitation could not be restricted to the 2017 loan recall, as subsequent arbitration, CIRP, a tribunal-recorded settlement in 2019, part-payments in 2020-2021, and a fresh demand notice in 2022 cumulatively extended and revived the debt within limitation. The settlement merely rescheduled payments and expressly provided that upon default the entire unpaid amount would become an admitted debt, thereby preserving and reviving the original liability. The guarantor's liability, being co-extensive and continuing, was neither extinguished nor discharged, and the Section 95 admission order was affirmed. Case-Laws IBC Thu, 27 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=782575