https://www.taxtmi.com/caselaws?id=783716 Section 14 moratorium arising from commencement of CIRP against the principal borrower did not bar initiation of insolvency proceedings under s.95 IBC against the personal guarantor, since the moratorium prohibits recovery from the corporate debtor and does not preclude enforcement against the guarantor; the guarantee was invoked separately by notice dated 14.03.2022. Accordingly, the challenge based on s.14 failed and admission of the s.95 application was upheld. Section 10A was held inapplicable because it restricts applications under ss.7, 9 and 10 and does not inhibit Part III proceedings against personal guarantors; in any event, the guarantee invocation occurred after the s.10A period. The admission order was affirmed and the appeal was dismissed. en-us Fri, 19 Dec 2025 00:00:00 +0530 Mon, 22 Dec 2025 07:49:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783716 Section 14 moratorium arising from commencement of CIRP against the principal borrower did not bar initiation of insolvency proceedings under s.95 IBC against the personal guarantor, since the moratorium prohibits recovery from the corporate debtor and does not preclude enforcement against the guarantor; the guarantee was invoked separately by notice dated 14.03.2022. Accordingly, the challenge based on s.14 failed and admission of the s.95 application was upheld. Section 10A was held inapplicable because it restricts applications under ss.7, 9 and 10 and does not inhibit Part III proceedings against personal guarantors; in any event, the guarantee invocation occurred after the s.10A period. The admission order was affirmed and the appeal was dismissed. Case-Laws IBC Fri, 19 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783716