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    <title>2026 (5) TMI 21 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Section 95 of the Insolvency and Bankruptcy Code, 2016 triggers an interim moratorium, but a later application is not barred where the alleged earlier proceeding was itself instituted during an already operating moratorium and is therefore non-est in law. On the facts discussed, the later financial creditor&#039;s petition was treated as maintainable, and concealment of connected proceedings did not invalidate it. The guarantee issue was decided by reading the loan documents and guarantee deed together: the guarantor&#039;s liability continued because the guarantee expressly survived any change in the borrowers&#039; constitution, and the guarantor remained co-extensive with the principal borrower until repayment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=790819</link>
      <description>Section 95 of the Insolvency and Bankruptcy Code, 2016 triggers an interim moratorium, but a later application is not barred where the alleged earlier proceeding was itself instituted during an already operating moratorium and is therefore non-est in law. On the facts discussed, the later financial creditor&#039;s petition was treated as maintainable, and concealment of connected proceedings did not invalidate it. The guarantee issue was decided by reading the loan documents and guarantee deed together: the guarantor&#039;s liability continued because the guarantee expressly survived any change in the borrowers&#039; constitution, and the guarantor remained co-extensive with the principal borrower until repayment.</description>
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