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2019 (1) TMI 331

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....Bhat, Member (Judicial) For The Appellant : Mr. Arvind Kumar Gupta, Ms. Henna George, Mr. Shreya Mathur and Mr. Atul Batra, Advocates For The Respondents : Mr. Ramji Srinivasan, Senior Advocate with Mr. Sonal Jain, Mr. Naveen Hegde, Ms. Aishwarya, Advocates. Ms. Heena Sharma, Mr. Ishkaran Singh and Mr. Abhishek Anand, Advocates. Mr. Anant A. Pavgi, Advocate for R.P. JUDGMENT SUDHANSU JYOTI MU....

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....Speed Post, which was never received by the Appellant. Therefore, according to Appellant, the admission order dated 11th May, 2018 is bad having been passed ex parte by misleading the Adjudicating Authority. 3. Learned counsel for the Appellant submitted that there was no provision for filing an application under Section 7 of the 'I&B Code' against the 'Corporate Guarantor' except against the 'Pe....

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....tes, debentures, loan stock or any similar instrument; (d) the amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the Indian Accounting Standards or such other accounting standards as may be prescribed; (e) receivables sold or discounted other than any receivables sold on nonrecourse basis; (f) any amount raised under....

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....espect of any 'guarantee' or 'indemnity' for any of the items referred to in sub-clauses (a) to (h) comes within the meaning of 'Financial Debt'. The 'Corporate Debtor' having given 'guarantee' on behalf of the principal borrower for the items referred to in sub-clause (a), guarantor company will also come within the meaning of 'Corporate Debtor' qua the 'Financial Creditor' in whose favour the gu....