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Subhash Chandra case may Set new recovery test for personal guarantees

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Subhash Chandra case may Set new recovery test for personal guarantees

One potential consequence for lenders is greater scrutiny of the asset disclosures and valuation statements submitted by personal guarantors. In Chandra's case, the tribunal considered the value of his assets and the likely proceeds available under the alternative of bankruptcy while assessing the repayment proposal.

HDFC Bank and LIC Housing Finance’s potential appeals could determine how repayment plans with steep haircuts are assessed by appellate tribunals. The case highlights the gap between a guarantor’s legal liability and the amount creditors can actually recover from their assets. Other high-profile personal-guarantor cases involving Anil Ambani, Venugopal Dhoot and Kapil Wadhawan could be closely watched for similar recovery implications.The order could influence future repayment-plan disputes, but its wider precedent will depend on the outcome of any appellate challenge.

The National Company Law Tribunal's approval of Subhash Chandra's Rs 6.5-crore repayment plan could lead lenders to scrutinise personal-guarantor repayment proposals more closely, particularly where the proposed recovery is substantially below admitted claims. The order is also likely to be tested before the appellate tribunal, with HDFC Bank preparing to challenge it and LIC Housing Finance also considering legal options. The case, however, does not establish a precedent allowing promoters to settle large corporate liabilities for nominal amounts. The Rs 22,006.57 crore represents admitted claims in Chandra's personal-guarantor insolvency proceedings, while the Rs 6.5 crore plan includes Rs 25 lakh towards insolvency-process costs. Importantly, Chandra had not personally guaranteed the entire Rs 22,006 crore of claims. Advt

The order could nevertheless become an important reference point in other personal-guarantor cases because it places the focus on the relationship between the guarantor's actual recoverable assets and the amount claimed by creditors.


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