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    <title>Personal guarantor liability survives resolution plan approval and limitation objection fails in Section 95 insolvency proceedings.</title>
    <link>https://www.taxtmi.com/highlights?id=99731</link>
    <description>Section 95 insolvency proceedings against personal guarantors were held to be within limitation because the guarantors&#039; debt liability had crystallised through the DRT judgment and recovery certificate, and the Covid-19 limitation extension plus later demand notice preserved a subsisting cause of action. The plea that approval of the corporate debtor&#039;s resolution plan extinguished the guarantors&#039; liability was rejected, as personal guarantees were not dealt with in the plan and guarantor liability remains co-extensive for the unpaid balance. The Tribunal relied on the finality of the DRT adjudication and incomplete recovery, and upheld admission of the Section 95 applications.</description>
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    <pubDate>Wed, 13 May 2026 16:45:05 +0530</pubDate>
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      <title>Personal guarantor liability survives resolution plan approval and limitation objection fails in Section 95 insolvency proceedings.</title>
      <link>https://www.taxtmi.com/highlights?id=99731</link>
      <description>Section 95 insolvency proceedings against personal guarantors were held to be within limitation because the guarantors&#039; debt liability had crystallised through the DRT judgment and recovery certificate, and the Covid-19 limitation extension plus later demand notice preserved a subsisting cause of action. The plea that approval of the corporate debtor&#039;s resolution plan extinguished the guarantors&#039; liability was rejected, as personal guarantees were not dealt with in the plan and guarantor liability remains co-extensive for the unpaid balance. The Tribunal relied on the finality of the DRT adjudication and incomplete recovery, and upheld admission of the Section 95 applications.</description>
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      <pubDate>Wed, 13 May 2026 16:45:05 +0530</pubDate>
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