https://www.taxtmi.com/caselaws?id=784675 Proceedings under s.95 IBC against a personal guarantor were challenged on maintainability and NCLT's territorial jurisdiction, principally on the ground that no CIRP under s.7 IBC had been initiated against the principal borrower and that no fresh guarantee was executed after restructuring. Relying on SC authority that, at the s.95 stage, there is no judicial adjudication and appointment of a resolution professional is only for fact-collation to enable consideration of commencement, the HC declined to intervene at that stage. On the petitioner's request, the writ petition was dismissed as withdrawn with liberty to re-approach, and NCLT was requested to decide the jurisdictional objection expeditiously. en-us Mon, 15 Dec 2025 00:00:00 +0530 Sat, 10 Jan 2026 08:25:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=784675 Proceedings under s.95 IBC against a personal guarantor were challenged on maintainability and NCLT's territorial jurisdiction, principally on the ground that no CIRP under s.7 IBC had been initiated against the principal borrower and that no fresh guarantee was executed after restructuring. Relying on SC authority that, at the s.95 stage, there is no judicial adjudication and appointment of a resolution professional is only for fact-collation to enable consideration of commencement, the HC declined to intervene at that stage. On the petitioner's request, the writ petition was dismissed as withdrawn with liberty to re-approach, and NCLT was requested to decide the jurisdictional objection expeditiously. Case-Laws IBC Mon, 15 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=784675