Case Law Analysis
|National Company Law Appellate Tribunal
Section 95 IBC | Decree Alone Does Not Extend Limitation for Personal Guarantor Insolvency Without Acknowledgment : NCLAT
NCLAT rules that a decree against a personal guarantor does not automatically revive the limitation period for insolvency proceedings under Section 95 of the IBC. The creditor must prove acknowledgment of debt under the Limitation Act to proceed, setting a critical precedent for personal guarantor liability.