ValkyaEditorial

Tagged “form-b”

1 article on form-b.

Landmark JudgmentNational Company Law Appellate Tribunal, Principal Bench, New Delhi

Amit Kumar Kejriwal v. UCO Bank: a Form B notice is not invocation of guarantee

The NCLAT has held that the demand notice in Form B prescribed under the 2019 Rules cannot, by itself, constitute invocation of a personal guarantee. A Section 95 IBC application against a personal guarantor without prior contractual invocation is not maintainable. The NCLAT went further: it directed that the conduct of UCO Bank officials in filing the application without invocation be brought to the attention of the bank's Chairman. A digest of the doctrinal point, the procedural architecture, and what it means for personal-guarantor practice.

Valkya Editorial··10 min