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    <title>2026 (5) TMI 278 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>A limited equity-infusion or cost-overrun undertaking does not, by itself, create liability to repay the principal borrower&#039;s loan, and a corporate guarantor&#039;s default arises only on invocation of the guarantee and non-payment thereafter, not on the borrower&#039;s earlier NPA date. The later guarantee deed was treated as releasing the corporate debtor from its earlier guarantee obligations, subject only to limited contingent obligations. On that basis, a Section 7 petition based on a default alleged to have arisen during the Section 10A suspension period could not be maintained. The document also notes that an admission order was unsustainable where a connected Section 7 matter on the same recall notice had been rejected by the same Bench on the same facts.</description>
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      <link>https://www.taxtmi.com/caselaws?id=791076</link>
      <description>A limited equity-infusion or cost-overrun undertaking does not, by itself, create liability to repay the principal borrower&#039;s loan, and a corporate guarantor&#039;s default arises only on invocation of the guarantee and non-payment thereafter, not on the borrower&#039;s earlier NPA date. The later guarantee deed was treated as releasing the corporate debtor from its earlier guarantee obligations, subject only to limited contingent obligations. On that basis, a Section 7 petition based on a default alleged to have arisen during the Section 10A suspension period could not be maintained. The document also notes that an admission order was unsustainable where a connected Section 7 matter on the same recall notice had been rejected by the same Bench on the same facts.</description>
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