https://www.taxtmi.com/caselaws?id=792690 Proceedings against an alleged personal guarantor under the Insolvency and Bankruptcy Code could not be sustained where the record did not disclose any deed of guarantee or its invocation, and the application proceeded on incorrect jurisdictional facts. The loan and assignment records described the person as a co-borrower, while the assignment documents recorded that there were no guarantors. The demand notice and Section 95 application also omitted any guarantee documentation. As the deed of guarantee and its invocation were foundational to invoking personal guarantor jurisdiction, the order appointing the Resolution Professional was vitiated by misrepresentation of material facts and was set aside. en-us Fri, 29 May 2026 00:00:00 +0530 Tue, 02 Jun 2026 08:47:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=792690 Proceedings against an alleged personal guarantor under the Insolvency and Bankruptcy Code could not be sustained where the record did not disclose any deed of guarantee or its invocation, and the application proceeded on incorrect jurisdictional facts. The loan and assignment records described the person as a co-borrower, while the assignment documents recorded that there were no guarantors. The demand notice and Section 95 application also omitted any guarantee documentation. As the deed of guarantee and its invocation were foundational to invoking personal guarantor jurisdiction, the order appointing the Resolution Professional was vitiated by misrepresentation of material facts and was set aside. Case-Laws IBC Fri, 29 May 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=792690