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Insolvency Resolution Process cannot continue against Personal Guarantor after his Demise
Case Law Details
- Case Name
- Alchemist Asset Reconstructions Company Vs Deepak Puri (NCLT Delhi)
- Appeal Number
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- Date of Judgement/Order
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- Courts
- NCLT
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Alchemist Asset Reconstructions Company Vs Deepak Puri (NCLT Delhi)
We have considered the report and the provision of law as projected by the Ld. Counsel for the RP, we concur with the reasoning given by the RP that the Personal Guarantor in this case is an individual, who stood guarantee to the Corporate Debtor and proceedings against him will have to be closed since on the death of the Persona Guarantor, proceedings will abate. It has been rightly pointed out that in a case of proceedings under Section 95 of the IBC, 2016, it is case for initiating Insolvency Resolution Process against the ...
