NCLAT disagrees with Kerala High Court on effective date of insolvency application against personal guarantor

The legal question in focus concerned the effective date of an application under Section 95 IBC, to determine when an interim moratorium under Section 96 IBC kicks in.

The National Company Law Appellate Tribunal (NCLAT) at Delhi recently disagreed with a Kerala High Court judgment on a key aspect concerning applications to initiate the corporate insolvency resolution process (CIRP) against personal guarantors.

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