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Court Rules Banks Can Pursue Guarantors During Borrower's Insolvency; Sections 14 and 31 Don't Impose Restrictions.

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Full Text of the Document

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....Neither Section 14 nor Section 31 of the IB Code place any fetters on Banks/Financial Institutions from initiation and continuation of the proceedings against the guarantor for recovering their dues. That being the position, the plea taken by the counsel for the petitioner that all proceedings against the petitioner, who is only a guarantor, ought to be stayed under the SARFESI Act during the continuation of the Insolvency Resolution process qua the Principal Borrower, is rejected as meritless. - HC....