Bank can proceed against one or all personal guarantors of Corporate Debtor u/s. 95 of IBC

Kiran Kumar Jain Vs Cosmos Co-Operative Bank Ltd. & Anr. (NCLAT Delhi)

NCLAT Delhi held that bank can proceed against one or all personal guarantors of Corporate Debtor u/s. 95. Merely because bank proceeded against only one personal guarantor cannot be any reason to reject any application u/s. 95 of IBC.

Facts- This appeal by a personal guarantor has been filed challenging the order dated 01.07.2025 passed by the adjudicating authority (National Company Law Tribunal, Mumbai Bench – I) admitting Section 95 application filed by the financial creditor,

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