NCLT Chennai held that as per section 128 of the Indian Contract Act, the liability of guarantor is coextensive with that of the Borrower. Accordingly, application u/s. 7 of Insolvency and Bankruptcy Code against Corporate Guarantor admitted.
NCLT Ahmedabad admitted CIRP application under section 7 of the Insolvency and Bankruptcy Code by Central Bank of India [Financial Creditor] against M/s. Repute Foods Pvt. Ltd. [Corporate Debtor] as debt and default established.
NCLT Kolkata held that financial creditors can file simultaneously two application under section 7 of the Insolvency and Bankruptcy Code, 2016 against the principal borrower and corporate guarantor. Accordingly, CIRP application against corporate debtor allowed as debt and default proved.
NCLT Chennai held that application u/s. 7 of IBC against Corporate Debtor [Ran India Steels Private Limited] for initiation of CIRP admitted as financial debt is proved by the Financial Creditor and the ‘default’ having been committed by the Corporate Debtor.
NCLT Mumbai held that application u/s. 123 of the Insolvency and Bankruptcy Code for initiation of Bankruptcy Process against Personal Guarantor admitted as all the requirements of section 123 complied. Accordingly, Kapil Wadhawan [personal guarantor of DHFL] is declared Bankrupt.
NCLT Ahmedabad held that application u/s. 7(2) of Insolvency and Bankruptcy Code [IBC] for initiation of corporate insolvency resolution process [CIRP] against Corporate Guarantor admitted as default duly proved.
NCLT Chandigarh held that application u/s. 33(2) of the Insolvency and Bankruptcy Code for the initiation of the liquidation process of the Corporate Debtor [Hoshiar Nirvair Tractors Private Limited] stands approved as no resolution plan was received even after publication of Form G twice.
Held that the liability of the corporate guarantor is co-extensive with the principal borrower, and accordingly, both the principal borrower and corporate guarantor are equally liable for the default. Accordingly, CIRP application u/s. 7 of IBC allowed.
Consequently, the petition was admitted, moratorium under Section 14 of the IBC was declared and Interim Resolution Professional was appointed to conduct the Corporate Insolvency Resolution Process of corporate debtor.
NCLT held that it has no jurisdiction to decide copyright violations or contractual termination claims related to the Hindi remake of Kaithi (Bholaa). Dream Warrior Pictures’ Section 9 application against Reliance Entertainment was rejected as no undisputed operational debt existed.
