<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Personal guarantor insolvency limitation starts on guarantee invocation; unilateral settlement proposals cannot extend the guarantor&#039;s filing period.</title>
    <link>https://www.taxtmi.com/highlights?id=103071</link>
    <description>Limitation for a personal guarantor&#039;s insolvency application begins when the guarantee is invoked. Section 18 of the Limitation Act creates a fresh limitation period only through a written acknowledgment by the party against whom the creditor asserts the right. A personal guarantor cannot rely on unilateral one-time settlement proposals to extend limitation for an application filed by the guarantor; those proposals may operate as admissions usable by the creditor against the guarantor. The Section 94 application was therefore time-barred, and dismissal of both the application and the challenge to the auction notice was upheld.</description>
    <language>en-us</language>
    <pubDate>Wed, 26 Aug 2026 08:27:49 +0530</pubDate>
    <lastBuildDate>Wed, 26 Aug 2026 08:27:49 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=919001" rel="self" type="application/rss+xml"/>
    <item>
      <title>Personal guarantor insolvency limitation starts on guarantee invocation; unilateral settlement proposals cannot extend the guarantor&#039;s filing period.</title>
      <link>https://www.taxtmi.com/highlights?id=103071</link>
      <description>Limitation for a personal guarantor&#039;s insolvency application begins when the guarantee is invoked. Section 18 of the Limitation Act creates a fresh limitation period only through a written acknowledgment by the party against whom the creditor asserts the right. A personal guarantor cannot rely on unilateral one-time settlement proposals to extend limitation for an application filed by the guarantor; those proposals may operate as admissions usable by the creditor against the guarantor. The Section 94 application was therefore time-barred, and dismissal of both the application and the challenge to the auction notice was upheld.</description>
      <category>Highlights</category>
      <law>IBC</law>
      <pubDate>Wed, 26 Aug 2026 08:27:49 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=103071</guid>
    </item>
  </channel>
</rss>