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january 2022

Supreme Court of India · 2022-01-18

BANK OF BARODA AND ANR. vs MBL INFRASTRUCTURES LIMITED

Citation / case number
SC 2019/36841
Court
Supreme Court of India
Petitioner
BANK OF BARODA AND ANR.
Respondent
MBL INFRASTRUCTURES LIMITED
Author
HON'BLE MR. JUSTICE M.M. SUNDRESH
Bench
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court interpreted Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, focusing on the implications of personal guarantees in insolvency proceedings. The court examined the responsibilities of guarantors when the principal debtor defaults on repayment. The judgment clarified the legal standing of personal guarantees in the context of insolvency, ultimately ruling in favor of the appellant, Bank of Baroda, allowing them to invoke the guarantees provided by the personal guarantor.

BANK OF BARODA AND ANR. vs MBL INFRASTRUCTURES LIMITED · Niyam