NCLT declares Videocon promoter Venugopal Dhoot bankrupt over ₹12,668 crore default
- Case
- State Bank of India v. Venugopal Dhoot
- Bench
- Justice V. Nallasenapathy (Judicial Member) and Ms. Prabhat Kumar (Technical Member)
- Decided
- Statutes
- Source
- Bar & Bench
In State Bank of India v. Venugopal Dhoot, the NCLT Mumbai Bench, on January 8, 2024, declared Videocon promoter Venugopal Dhoot bankrupt. This decision followed a default of ₹12,668 crore, primarily stemming from a personal guarantee Dhoot provided for loans to Videocon Industries Ltd. The NCLT invoked Section 95 of the Insolvency and Bankruptcy Code, 2016.
Ratio Decidendi · Legal Principle Established
A personal guarantor can be declared bankrupt under the Insolvency and Bankruptcy Code, 2016, if they fail to repay debts arising from personal guarantees given for corporate loans, even if the corporate debtor is already undergoing insolvency proceedings.
Practice & Procedural Impact for Advocates
Advocates representing financial creditors should pursue insolvency proceedings against personal guarantors under Section 95 of the IBC, 2016, even if the corporate debtor is already in CIRP. Litigants who have provided personal guarantees for corporate loans should be aware of their direct liability and the potential for personal bankruptcy proceedings.
Key Legal Takeaways
- 1NCLT declared Venugopal Dhoot bankrupt for a ₹12,668 crore default.
- 2The default arose from a personal guarantee for Videocon Industries Ltd. loans.
- 3The order was passed under Section 95 of the Insolvency and Bankruptcy Code, 2016.