Sangeeta Gulati, Dr. Asha Verma

Invocation of Personal Guarantees in India: Reconciling IBC and SARFAESI Through Judicial Developments, Limitation and Contractual Principles

Since 1 December 2019, a creditor holding a guarantee from an individual for a corporate debtor’s borrowing may proceed against that guarantor through several channels at once: a civil suit or Debts Recovery Tribunal application on the contract, enforcement of any security under the SARFAESI Act, and Part III of the In...