https://www.taxtmi.com/caselaws?id=795172 SARFAESI enforcement against personal guarantors may continue despite CIRP and moratorium proceedings against the corporate debtor where no creditor application has been filed against the guarantors under the IBC. A demand notice under the 2019 Rules does not itself trigger the interim moratorium, which arises only upon filing of an insolvency application before the NCLT. Consequently, possession, auction and sale measures completed under the SARFAESI Rules remain valid, and an auction purchaser's confirmed title is not displaced merely because CIRP is pending against the corporate debtor. The alternative appellate-remedy issue became academic where related challenges were already before the DRAT and were heard together. 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 SARFAESI enforcement against personal guarantors may continue despite CIRP and moratorium proceedings against the corporate debtor where no creditor application has been filed against the guarantors under the IBC. A demand notice under the 2019 Rules does not itself trigger the interim moratorium, which arises only upon filing of an insolvency application before the NCLT. Consequently, possession, auction and sale measures completed under the SARFAESI Rules remain valid, and an auction purchaser's confirmed title is not displaced merely because CIRP is pending against the corporate debtor. The alternative appellate-remedy issue became academic where related challenges were already before the DRAT and were heard together. Case-Laws IBC Fri, 03 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795172