#personal guarantor insolvency

NCLAT rules that the three-month timeline under Section 121(2) of the IBC for filing bankruptcy applications against personal guarantors is directory, not mandatory, allowing condonation of delay under the Limitation Act. This decision clarifies that financial creditors can proceed with insolvency applications even beyond the prescribed period, ensuring flexibility in personal guarantor insolvency proceedings.

NCLAT rules that a petition filed during an existing interim moratorium under Section 95 IBC is non-est and incapable of initiating a fresh moratorium, reinforcing procedural safeguards against abuse of process in personal guarantor insolvency cases. The decision clarifies that only a validly admitted petition can trigger moratorium protections.