https://www.taxtmi.com/highlights?id=103491 Personal guarantor insolvency resolution applications must pursue a genuine repayment plan and cannot use the interim moratorium to obstruct secured-creditor enforcement of security interests. Failure to attempt repayment after a demand notice, coupled with filings made immediately after possession notices, indicates that the process is being used to stall recovery rather than achieve resolution. Section 94 is intended for personal guarantors genuinely seeking a repayment-based insolvency resolution process; use of Section 96 as a shield against SARFAESI possession proceedings constitutes misuse. On these facts, rejection of the second insolvency application and dismissal of the appeal were upheld. en-us Tue, 08 Sep 2026 08:42:19 +0530 Tue, 08 Sep 2026 08:42:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=103491 Personal guarantor insolvency resolution applications must pursue a genuine repayment plan and cannot use the interim moratorium to obstruct secured-creditor enforcement of security interests. Failure to attempt repayment after a demand notice, coupled with filings made immediately after possession notices, indicates that the process is being used to stall recovery rather than achieve resolution. Section 94 is intended for personal guarantors genuinely seeking a repayment-based insolvency resolution process; use of Section 96 as a shield against SARFAESI possession proceedings constitutes misuse. On these facts, rejection of the second insolvency application and dismissal of the appeal were upheld. Highlights IBC Tue, 08 Sep 2026 08:42:19 +0530 https://www.taxtmi.com/highlights?id=103491