Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
NCLAT Upholds IRP Initiation Against Personal Guarantor, Finds No Violation of Natural Justice
The NCLAT (National Company Law Appellate Tribunal) upheld the initiation of the Insolvency Resolution Process (IRP) against a personal guarantor, finding no violation of the principles of natural justice. The appellate tribunal affirmed the NCLT's decision to admit the insolvency plea against the personal guarantor, rejecting the guarantor's contention that the process was initiated without providing a fair opportunity to be heard. This ruling reinforces the legal framework that extends the IBC's provisions to personal guarantors of corporate debtors and emphasizes the importance of adhering to the principles of natural justice during the insolvency proceedings against such individuals. The NCLAT's order clarifies that due process was followed in this particular case.