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    <title>2025 (12) TMI 38 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>The moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 operates prospectively and does not unsettle a secured asset auction that was already concluded and confirmed before the insolvency petition was filed. Because the sale consideration had been paid and the sale certificate issued, the auction purchaser&#039;s rights had crystallised, and the personal guarantor&#039;s right of redemption had extinguished before commencement of the moratorium. The auctioned asset therefore no longer formed part of the guarantor&#039;s estate, and exclusion of that asset from the Section 94 proceeding was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=782498</link>
      <description>The moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 operates prospectively and does not unsettle a secured asset auction that was already concluded and confirmed before the insolvency petition was filed. Because the sale consideration had been paid and the sale certificate issued, the auction purchaser&#039;s rights had crystallised, and the personal guarantor&#039;s right of redemption had extinguished before commencement of the moratorium. The auctioned asset therefore no longer formed part of the guarantor&#039;s estate, and exclusion of that asset from the Section 94 proceeding was upheld.</description>
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