IBHF argued the case for over an hour at the National Company Law Tribunal (NCLT) on February 28. The case is likely to be heard again on March 4.
The Supreme Court has said creditors can invoke personal guarantees to recover corporate loans, even if the insolvency process hasn’t been triggered
The Supreme Court in May had held that the November 15, 2019 government notification allowing creditors, usually financial institutions and banks, to move against personal guarantors under the Insolvency and Bankruptcy Code (IBC) was 'legal and valid'.
Despite a favourable Supreme Court ruling, bankers may find it difficult to actually monetise personal assets of business promoters
In a rare act of aggression, lenders to Kingfisher Airlines have invoked the personal guarantee offered by promoter Vijay Mallya.