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Search Results for "Moratorium"

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High Court

Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

21 Apr 2026

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

High Court

Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

6 Apr 2026

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

Tribunals

National Consumer Disputes Redressal Commission Dismisses Appeal Seeking Substitution of Director in Consumer Execution Proceedings During CIRP. Moratorium under Section 14 of IBC does not bar substitution of director as the corporate debtor remains liable.

23 Jun 2025

The case involves an appeal filed by Sudheschandra Gupta against an order dated 01.10.2021 of the State Consumer Disputes Redressal Commission, Mahara...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Holding Interim Moratorium Under IBC Section 96 Does Not Stay Execution of Penalty Orders Under Consumer Protection Act. Consumer Penalties Are Not 'Debt' Under IBC and Execution Proceedings Under Section 27 CP Act Are Criminal in Nature, Not Civil Recovery.

4 Mar 2025

The present appeal was filed against the final judgment and order passed by the National Consumer Disputes Redressal Commission (NCDRC), wherein multi...

High Court

Delhi High Court Allows Arbitration Against Guarantors Despite Moratorium Under Section 96 of IBC — Moratorium Does Not Extend to Co-Guarantors Not Covered by NCLT Orders. The court held that the moratorium under Section 96 is debt-centric and personal to the debtor, and does not bar proceedings against other co-guarantors.

20 Jun 2024

The petitioner, a finance company, granted channel finance facility to Sterling Motor Company (SMC), a proprietorship of Tarun Kapoor. Tarun Kapoor, P...

Supreme Court

Supreme Court Upholds Pharmacy Council of India's Moratorium on New Pharmacy Colleges Under Pharmacy Act, 1948. Regulatory Power to Impose Moratorium Valid as Reasonable Restriction Under Article 19(6) to Prevent Mushrooming Growth and Unemployment.

15 Sep 2022

The Supreme Court of India addressed appeals filed by the Pharmacy Council of India challenging judgments from the High Courts of Karnataka, Delhi, an...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case: Limitation Period Not Extended by IBC Moratorium for Corporate Debtor's Own Application. Section 60(6) of IBC does not exclude limitation period for corporate debtor to file Section 11(6) application under Arbitration Act.

6 May 2022

The Supreme Court considered an appeal by the New Delhi Municipal Council (NDMC) against an order of the Delhi High Court appointing an arbitrator und...

Tribunals

NCLAT Allows Appeal by Central Transmission Utility of India Ltd. Against NCLT Order Restraining Termination of Transmission Service Agreement During CIRP. The Appellate Tribunal held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not bar termination of a contract for pre-CIRP defaults by the corporate debtor, and that the Resolution Professional cannot compel performance of a contract that has been validly terminated prior to the moratorium.

30 Jun 2021

The appeal was filed by Central Transmission Utility of India Ltd. (CTUIL) against an order of the National Company Law Tribunal (NCLT), Hyderabad, da...

Tribunals

NCLAT Allows Appeal by Successful Resolution Applicant Against EPFO Claim for Pre-CIRP Dues, Holding That Resolution Plan Approved Under IBC Is Binding on All Stakeholders Including Statutory Authorities. The tribunal ruled that EPFO's failure to file claim during CIRP results in extinguishment of dues, and the corporate debtor gets a clean slate post-resolution.

30 Nov -0001

The case involves two appeals arising from an order of the National Company Law Tribunal (NCLT), Mumbai Bench, dated 03.07.2024, which allowed an appl...

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