Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
The insolvency moratorium is confined to the corporate debtor and cannot be extended by adjudicatory bodies to subsidiaries, directors, promoters, managers or personal guarantors unless the statute expressly provides otherwise. The text explains that this limited scope preserves consumer remedies against respondents who are not protected by a statutory moratorium. A consumer complaint may therefore continue against non-corporate-debtor respondents, whose liability must be determined on the pleadings and objections rather than being excluded at an interlocutory stage. Proceedings against the corporate debtor remain subject to the applicable moratorium.
The insolvency moratorium is confined to the corporate debtor and cannot be extended by adjudicatory bodies to subsidiaries, directors, promoters, managers or personal guarantors unless the statute expressly provides otherwise. The text explains that this limited scope preserves consumer remedies against respondents who are not protected by a statutory moratorium. A consumer complaint may therefore continue against non-corporate-debtor respondents, whose liability must be determined on the pleadings and objections rather than being excluded at an interlocutory stage. Proceedings against the corporate debtor remain subject to the applicable moratorium.
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