IBCArticle·6 October 2026
NCLAT says Personal Guarantor Liability Is Not Limited by Collateral Value
By J the App
Executive Summary
The guarantors relied on Clause 24 of the guarantee deed to contend that their liability was limited to the market value of the mortgaged properties. NCLAT rejected the argument, holding that Clauses 1, 6 and 9 created primary liability for the entire guaranteed debt, while Clause 24 dealt with the security arrangement.
Domain | IBC | Regulatory
The Position
The appellants were p...
Read the full article in the app
This is a premium article. Download J the App to read the complete content.