Case Law Analysis
|Bombay High Court
IBC Section 95 | No Moratorium Unless Petition Is Registered: Bombay HC Bars SARFAESI Stay on Unfiled NCLT Applications
Secured creditors may proceed under SARFAESI Act when an IBC petition filed under Section 95 is never registered by the NCLT Registrar, as no statutory moratorium arises without formal admission. This ruling sharpens procedural compliance standards for insolvency initiations and protects creditor enforcement rights against technical delays or non-filing.