<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Personal guarantee insolvency petitions u/s94 IBC: failure to serve RP and missing s.99 report led to dismissal upheld</title>
    <link>https://www.taxtmi.com/highlights?id=95189</link>
    <description>Petitions under s.94 IBC were dismissed for failure to serve copies on the resolution professional (RP) and for non-filing of the s.99 report. The tribunal held that RP&#039;s failure to file the report cannot, by itself, justify dismissal; the Adjudicating Authority must secure the report or replace the RP. However, the petitioners&#039; own non-compliance with directions to serve the RP led to an extended moratorium that materially impaired the creditor&#039;s right to enforce the personal guarantee, and granting relief would confer an unmerited further advantage. The invocation of inherent powers under Rule 11 NCLT Rules was upheld; dismissal was confirmed and the appeals were rejected. - NCLAT</description>
    <language>en-us</language>
    <pubDate>Fri, 19 Dec 2025 08:30:26 +0530</pubDate>
    <lastBuildDate>Fri, 19 Dec 2025 08:30:27 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=872729" rel="self" type="application/rss+xml"/>
    <item>
      <title>Personal guarantee insolvency petitions u/s94 IBC: failure to serve RP and missing s.99 report led to dismissal upheld</title>
      <link>https://www.taxtmi.com/highlights?id=95189</link>
      <description>Petitions under s.94 IBC were dismissed for failure to serve copies on the resolution professional (RP) and for non-filing of the s.99 report. The tribunal held that RP&#039;s failure to file the report cannot, by itself, justify dismissal; the Adjudicating Authority must secure the report or replace the RP. However, the petitioners&#039; own non-compliance with directions to serve the RP led to an extended moratorium that materially impaired the creditor&#039;s right to enforce the personal guarantee, and granting relief would confer an unmerited further advantage. The invocation of inherent powers under Rule 11 NCLT Rules was upheld; dismissal was confirmed and the appeals were rejected. - NCLAT</description>
      <category>Highlights</category>
      <law>IBC</law>
      <pubDate>Fri, 19 Dec 2025 08:30:26 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=95189</guid>
    </item>
  </channel>
</rss>