Judgments of the Hon'ble Bombay High Court and Delhi High Court on cessation of interim moratorium in respect of personal guarantors to corporate debtors.
X X X X Extracts X X X X
X X X X Extracts X X X X
.... : 21st September 2026 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on the website of the IBBI) Subject: Judgments of the Hon'ble Bombay High Court and Delhi High Court on cessation of interim moratorium in respect of personal guarantors to ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ts sweep anything that is filed and is pending with the Adjudicating Authority as of that date. If the intention had been to bring within the sweep of Section 96(4) only filings made after the introduction of the provision, the legislature would have consciously used language to that effect. Equally, while it is arguable that the legislature has not used clarificatory language in the provision to ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....BC. .... 15. Applying the same principles to Section 96(4) of the IBC, in my opinion, a moratorium insofar as it operated in respect of Respondent Nos. 2, 3 and 4 until May 25, 2026 ceased to operate with effect from May 26, 2026, in respect of applications filed under Section 95 of the IBC. In this view of the matter, in my opinion, the Petition would need to be considered as no....
TaxTMI