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    <title>Interim moratorium and continuing guarantee: later insolvency filing was maintainable, and personal guarantor liability continued.</title>
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    <description>A prior Section 95 application had already triggered the statutory interim moratorium, so a later personal insolvency application filed during that subsisting moratorium was non-est in law and could not create a fresh Section 96 bar. On that basis, the creditor&#039;s second application was maintainable and its admission was upheld. The personal guarantor also remained liable because the guarantee was a continuing one, expressly unaffected by any change in the constitution of the borrowers, and the liability was co-extensive with the principal borrowers until full repayment. The plea that the change in borrower entity discharged the guarantor was rejected.</description>
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    <pubDate>Fri, 01 May 2026 10:14:36 +0530</pubDate>
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      <title>Interim moratorium and continuing guarantee: later insolvency filing was maintainable, and personal guarantor liability continued.</title>
      <link>https://www.taxtmi.com/highlights?id=99348</link>
      <description>A prior Section 95 application had already triggered the statutory interim moratorium, so a later personal insolvency application filed during that subsisting moratorium was non-est in law and could not create a fresh Section 96 bar. On that basis, the creditor&#039;s second application was maintainable and its admission was upheld. The personal guarantor also remained liable because the guarantee was a continuing one, expressly unaffected by any change in the constitution of the borrowers, and the liability was co-extensive with the principal borrowers until full repayment. The plea that the change in borrower entity discharged the guarantor was rejected.</description>
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