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        Case ID :
        Insolvency and Bankruptcy

        The NCLAT addressed the maintainability of an application filed...

        NCLAT clarifies that moratorium under IBC starts upon filing, not registration. Emphasizes importance of filing date in legal proceedings.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The NCLAT addressed the maintainability of an application filed u/s 95 of the IBC, concerning the appointment of an RP for a personal guarantor. The tribunal held that the moratorium commences upon the filing of the application, not upon registration. Citing a previous case, it emphasized that the date of filing is crucial. The tribunal also discussed a case involving proceedings u/s 13(2) of the SRFAESI Act, highlighting the importance of the date of filing for determining stay of proceedings. The tribunal dismissed the appeal challenging the appointment of an RP, finding no jurisdictional issues.
                                Note: It is a system-generated summary and is for quick reference only.
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