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    <title>2025 (12) TMI 887 - BOMBAY HIGH COURT</title>
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    <description>Where a corporate insolvency resolution process is already pending against the principal borrower, proceedings for insolvency resolution or bankruptcy of the personal guarantor fall within the National Company Law Tribunal&#039;s jurisdiction under the Insolvency and Bankruptcy Code. Pending proceedings before the Debt Recovery Tribunal are excluded and must be transferred to the NCLT, which also exercises the relevant powers for that purpose. On that basis, the Debt Recovery Tribunal order entered in the guarantor proceedings was held unsustainable for want of jurisdiction and was set aside, and the matter was directed to proceed before the NCLT in accordance with law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=783347</link>
      <description>Where a corporate insolvency resolution process is already pending against the principal borrower, proceedings for insolvency resolution or bankruptcy of the personal guarantor fall within the National Company Law Tribunal&#039;s jurisdiction under the Insolvency and Bankruptcy Code. Pending proceedings before the Debt Recovery Tribunal are excluded and must be transferred to the NCLT, which also exercises the relevant powers for that purpose. On that basis, the Debt Recovery Tribunal order entered in the guarantor proceedings was held unsustainable for want of jurisdiction and was set aside, and the matter was directed to proceed before the NCLT in accordance with law.</description>
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