https://www.taxtmi.com/caselaws?id=795172 A Rule 7(1) demand notice to a personal guarantor does not constitute a creditor application under section 95(1) of the IBC and therefore does not trigger the interim moratorium under section 96(1). The note distinguishes the corporate debtor's CIRP moratorium from the moratorium applicable to personal guarantors, stating that SARFAESI possession, auction and sale measures may continue where no insolvency application against guarantors is filed. It also states that completed sales under the 2002 Rules remain unaffected by the corporate debtor's CIRP, and treats the alternative-remedy objection as academic where related DRAT proceedings were already pending. en-us Fri, 03 Jul 2026 00:00:00 +0530 Sat, 18 Jul 2026 08:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=795172 A Rule 7(1) demand notice to a personal guarantor does not constitute a creditor application under section 95(1) of the IBC and therefore does not trigger the interim moratorium under section 96(1). The note distinguishes the corporate debtor's CIRP moratorium from the moratorium applicable to personal guarantors, stating that SARFAESI possession, auction and sale measures may continue where no insolvency application against guarantors is filed. It also states that completed sales under the 2002 Rules remain unaffected by the corporate debtor's CIRP, and treats the alternative-remedy objection as academic where related DRAT proceedings were already pending. Case-Laws IBC Fri, 03 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795172