Just a moment...

βœ•
Top
Help
πŸš€ New: Section-Wise Filter βœ•

1. Search Case laws by Section / Act / Rule β€” now available beyond Income Tax. GST and Other Laws Available

2. New: β€œIn Favour Of” filter added in Case Laws.

Try both these filters in Case Laws β†’

×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedbackβœ•

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Corporate Guarantee Invoked After CIRP Initiation Invalid Under Section 14 IBC Moratorium, Claim Not Admissible

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....NCLAT determined that invocation of corporate guarantee after CIRP commencement is impermissible under Section 14 IBC moratorium provisions. The corporate guarantee was invoked on 18.09.2020, subsequent to CIRP initiation date of 27.01.2020. Following precedents from SC in Ghanshyam Mishra and NCLAT in Edelweiss Asset Reconstruction, the tribunal held that claims based on guarantees invoked post-CIRP cannot be admitted as they had not matured when CIRP commenced. The guarantee should have been invoked prior to CIRP initiation for any valid claim. The appeal was allowed, invalidating the respondent's claim filed based on post-CIRP guarantee invocation, as it violated moratorium restrictions under IBC.....