NCLAT: Initiation of CIRP is not a pre-requisite to initiate Insolvency Resolution Process against the Personal Guarantor

28 Jan, 2022

On 27th of January 2022, a bench headed by Justice Ashok Bhushan (Judicial Member) and Dr. Alok Srivastava(Technical Member) Of the NCLAT in the case titled State Bank of India v/s Mahendra Kumar Jajodia held that “initiation of Corporate Insolvency Resolution Process is not a pre-requisite to initiate Insolvency Resolution Process against the Personal Guarantor of the Corporate Debtor.” The Tribunal observed while interpreting Section 60 of the IBC code that Section 60(1) provides that “the Adjudicating Authority shall be the NCLT for the corporate persons including corporate debtors and personal guarantors.”When a CIRP or Liquidation Proceeding of a Corporate Debtor is pending before a NCLT, the application regarding the Insolvency Process of Corporate Debtor and personal guarantor should be filed before the same NCLT in order to avoid two different NCLT taking up CIRP OF Corporate Guarantor.