Case Law Analysis
|National Company Law Appellate Tribunal
Section 95 IBC | Limitation Period for Insolvency Proceedings Against Personal Guarantor Begins Only Upon Valid Invocation of Guarantee : NCLAT
NCLAT rules that the clock for initiating insolvency proceedings under Section 95 IBC against a personal guarantor starts only upon formal invocation of the guarantee, not prior demand letters. This clarifies the limitation period for creditors and protects guarantors from premature insolvency actions.