https://www.taxtmi.com/caselaws?id=786389 The deed of guarantee makes guarantor liability contingent on a formal demand/invocation; express clauses require invocation in a specified manner, and a subsequent settlement/MoU did not displace that requirement, so invocation is necessary before proceedings. The Form B dated 27.02.2020 and Rule 7(1) notice do not, without separate compliance with the deed, constitute invocation; consequently the guarantee was not invoked before filing the Section 95(1) application and the admission order was set aside. The creditor remains free to invoke the guarantee correctly and pursue remedies thereafter. en-us Wed, 04 Feb 2026 00:00:00 +0530 Thu, 12 Feb 2026 09:03:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=786389 The deed of guarantee makes guarantor liability contingent on a formal demand/invocation; express clauses require invocation in a specified manner, and a subsequent settlement/MoU did not displace that requirement, so invocation is necessary before proceedings. The Form B dated 27.02.2020 and Rule 7(1) notice do not, without separate compliance with the deed, constitute invocation; consequently the guarantee was not invoked before filing the Section 95(1) application and the admission order was set aside. The creditor remains free to invoke the guarantee correctly and pursue remedies thereafter. Case-Laws IBC Wed, 04 Feb 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=786389