Preventing Procedural Multiplicity: The Judicial Bar on Successive Section 95 Applications Against Personal Guarantors
The Insolvency and Bankruptcy Code, 2016 (hereinafter ‘the Code’), has significantly reshaped the landscape of debt recovery and insolvency resolution in India. Among its several nuanced provisions, Section 95[1] dealing with the initiation of insolvency resolution processes against personal guarantors to corporate debtors has attracted considerable judicial scrutiny. In recent jurisprudence, a pivotal question has […]