Insolvency bankruptcy code

what is provision of law in respect of enforcement of resolution in respect of guaranttor to partnership concern who is adjudicating authority whether NCALT or DRT
Replies (2)
Quick Summary
This discussion clarifies the adjudicating authority for enforcing resolutions against guarantors of partnership concerns under the Insolvency and Bankruptcy Code. It highlights that for personal guarantees on partnership debts, the Debt Recovery Tribunal (DRT) is typically the adjudicating authority, not the National Company Law Appellate Tribunal (NCLAT). NCLAT generally handles personal guarantors of corporate debtors, distinguishing partnership debt as non-corporate.

NCLAT

Dear Expert student, 

Thanks for your reply. Now I think this aspect of code in the matter of guarantor to the partnership firm / or partner who has offered guarantee to the loan in his personal capacity only DRT is AA and as of now this is still pending enforcement by Government of India, not NCLT, NCLT is the AA only personal guarantor to Corporate debtor, partnership debt is not a corporate debt, for definition of Corporate Debtor please read FAQ of IBBI, still i will be happy to know more about my point of view by way yes or no with reference legal provisions and citations of SC

Yours 

R.S.K.Singh Advocate

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