https://www.taxtmi.com/highlights?id=102568 Section 94 personal insolvency applications by personal guarantors are subject to limitation; an application based on a guarantee invoked in 2016 was treated as time-barred. Where admitted facts and applicable law establish non-maintainability, the Adjudicating Authority may reject a debtor-initiated Section 94 application at the threshold without appointing a Resolution Professional. Observations on Resolution Professional appointment in creditor-initiated Section 95 proceedings do not govern such debtor-initiated applications. Timing and surrounding circumstances also bear on bona fide invocation: filing after a recovery auction has concluded and third-party rights have started arising may show an attempt to obstruct recovery rather than seek insolvency resolution. The rejection of the application was affirmed and the appeal dismissed. en-us Tue, 11 Aug 2026 08:46:54 +0530 Tue, 11 Aug 2026 08:46:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=102568 Section 94 personal insolvency applications by personal guarantors are subject to limitation; an application based on a guarantee invoked in 2016 was treated as time-barred. Where admitted facts and applicable law establish non-maintainability, the Adjudicating Authority may reject a debtor-initiated Section 94 application at the threshold without appointing a Resolution Professional. Observations on Resolution Professional appointment in creditor-initiated Section 95 proceedings do not govern such debtor-initiated applications. Timing and surrounding circumstances also bear on bona fide invocation: filing after a recovery auction has concluded and third-party rights have started arising may show an attempt to obstruct recovery rather than seek insolvency resolution. The rejection of the application was affirmed and the appeal dismissed. Highlights IBC Tue, 11 Aug 2026 08:46:54 +0530 https://www.taxtmi.com/highlights?id=102568