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august 2018

Supreme Court of India · 2018-08-14

STATE BANK OF INDIA vs V. RAMAKRISHNAN

Citation / case number
SC 2018/11958
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
V. RAMAKRISHNAN
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court ruled that Section 14 of the Insolvency and Bankruptcy Code, 2016, which imposes a moratorium on insolvency proceedings, does apply to personal guarantors of corporate debtors. The Court held that since personal guarantors can be bound by a Resolution Plan under Section 31 and are integral to the insolvency process, they are entitled to the same protections as the corporate debtor. Consequently, the appeal against the National Company Law Appellate Tribunal's decision was dismissed, affirming the applicability of the moratorium to personal guarantors.

STATE BANK OF INDIA vs V. RAMAKRISHNAN · Niyam