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IBCArticle·30 March 2026

Moratorium Nullity Principle

By J the App

Executive Summary

The issue concerns whether a Section 95 application filed against personal guarantors during the currency of an interim moratorium is maintainable. 

The Tribunal, by its judgment dated 27.03.2026, sets aside the NCLT’s admission order and holds that such filings are non-est in law. 

The ruling decisively establishes that statutory moratorium under Section 96 operates as an absolute bar, and any proceeding initiated during this period is void from inception, irrespective of subsequent developments including withdrawal of earlier applications. 


Factual Matrix

This judgment delivered by the National Company Law Appellate Tribunal, Principal Bench, New Delhi, in Compan...

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