Section 14 of the SARFAESI Act does not involve any adjudicatory process qua points raised by Borrowers against Secured Creditor taking possession of the Secured Assets and CMM/DM is not required to adjudicate disputes between Borrower and Secured Creditor and/or between any other third party and Secured Creditor – Balkrishna Rama Tarle Dead thr LRS & Anr Vs. Phoenix ARC Pvt. Ltd. & Ors. – Supreme Court

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Initiation of CIRP of the Corporate Debtor is not a prerequisite for maintainability of an application under Section 95 of the IBC, 2016 filed for initiating Insolvency Resolution Process against the Personal Guarantor of that Corporate Debtor before the NCLT – E. Iqbal Vs. State Bank of India – NCLT Kochi Bench

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