https://www.taxtmi.com/caselaws?id=790819 A later Section 95 insolvency application was treated as maintainable because an interim moratorium under Section 96 arises only from a valid filing, and a non-est or withdrawn proceeding cannot create a moratorium to defeat a fresh application. The guarantor's discharge was also rejected because the loan and guarantee documents showed a continuing guarantee, the borrowers had contracted jointly, and the asserted change in borrower or co-borrower structure did not amount to novation or release. The guarantor therefore remained co-extensively liable with the principal borrowers, and the admission order was upheld. en-us Wed, 29 Apr 2026 00:00:00 +0530 Fri, 01 May 2026 10:14:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=790819 A later Section 95 insolvency application was treated as maintainable because an interim moratorium under Section 96 arises only from a valid filing, and a non-est or withdrawn proceeding cannot create a moratorium to defeat a fresh application. The guarantor's discharge was also rejected because the loan and guarantee documents showed a continuing guarantee, the borrowers had contracted jointly, and the asserted change in borrower or co-borrower structure did not amount to novation or release. The guarantor therefore remained co-extensively liable with the principal borrowers, and the admission order was upheld. Case-Laws IBC Wed, 29 Apr 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=790819