Examples of Corporate Debtors in a sentence
Rule 7(3) of the IB (Application to Adjudicating Authority for Insolvency resolution Process for Personal Guarantors to Corporate Debtors) Rules 2019, requires a copy of the Petition/Application to be served on to the guarantor and the Corporate Debtor.
Ordinarily, we would respect and adopttill it is shown that the Corporate Debtors the interpretation but for the reasons discussedcombinedly are joint venture company.above, we are unable to interpret the law in themanner it was interpreted in the matter of Piramal.
The statement showing details of the loan and security documents have been mentioned which includes guarantee agreements given by the aforesaid Corporate Debtors.As the project will be developed on the land of five Corporate Debtors, as referred to above as per the township plan, they have rightly taken plea that simultaneous CIRP should continue against them under the guidance of same Resolution Professional.
For the said reasons, we hold that group CIRP proceeding is required to be initiated against five Corporate Debtors.
NCLAT found that it is a case of joint consortium of different Corporate Debtors and thereby a group insolvency is required to develop the township on the land.
Further, though there is a provision to file joint application under Section 7 by the Financial Creditors, no application can be filed by the Financial Creditor against two or more Corporate Debtors on the ground of joint liability (Principal Borrower and one Corporate Guarantor, or Principal Borrower or two Corporate Guarantors or one Corporate Guarantor and other Corporate Guarantor), till it is shown that the Corporate Debtors combinedly are joint venture company.
The Corporate Debtors are Corporate Guarantor, and also shownas Co-Borrowers.
Once for same claim the CIRP is initiated against one of the Corporate Debtor after such initiation, the Financial Creditor cannot trigger CIRP against the other Corporate Debtor(s), for the same claim amount (debt).There is no bar in the Code for filing simultaneously two applications under Section 7 against the Principal Borrower as well as the Corporate Guarantor(s) or against both the Guarantors.
That the Resolution Applicant unconditionally and irrevocably agrees and undertakes that it shall make full disclosure in respect of itself and all its connected persons as required under Regulation 38(3) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, as applicable to the corporate insolvency resolution process of the Corporate Debtors.
Any amount to be received from these proceeds will be distributed by Liquidator to the Creditors of Corporate Debtors as per the waterfall mechanism as defined under Section 53.