In State Bank of India v V. Ramakrishnan (2018), the Supreme Court held that the moratorium under…
V. Ramakrishnan (2018) held that "the corporate debtor and the corporate debtor alone is referred to" in section 14, so the moratorium "can have no manner of application to…
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In State Bank of India v V. Ramakrishnan (2018), the Supreme Court held that the moratorium under section 14 of the Insolvency and Bankruptcy Code, 2016:
Answer and explanation
Correct answer A
V. Ramakrishnan (2018) held that "the corporate debtor and the corporate debtor alone is referred to" in section 14, so the moratorium "can have no manner of application to personal guarantors of a corporate debtor". The 2018 substitution of section 14(3)(b) states the same rule by excluding a surety in a contract of guarantee to a corporate debtor. Creditors can therefore pursue guarantors during the CIRP.
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