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Bombay High Court

ICICI HOME FINANCE COMPANY AND ANRversusRAJBALA CHOUDHARY AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court set aside the DRT order because the moratorium ceased upon the NCLT's dismissal of the insolvency petition.

Summary

The Debt Recovery Tribunal (DRT) had stayed further proceedings in a debt recovery case because a moratorium under Section 95 of the Insolvency and Bankruptcy Code (IBC) was in force due to a pending petition before the National Company Law Tribunal (NCLT). The petitioners – a secured creditor and an auction purchaser – were unable to proceed. On 6 February 2026, the NCLT dismissed the insolvency petition, thereby terminating the moratorium. The High Court held that the DRT's order was based on a moratorium that no longer existed and set aside the DRT order. Consequently, the secured creditor was free to resume proceedings, and both writ petitions were disposed.

Issues considered

  • What is the effect of the dismissal of an NCLT insolvency petition on the moratorium under Section 95 IBC?
  • Whether the DRT can continue to stay proceedings when the moratorium has ceased?

Legislation cited

Subjects

  • Insolvency
  • Moratorium
  • Section 95 IBC
  • Debt Recovery Tribunal
  • Auction purchaser
  • Secured creditor
  • NCLT dismissal

Judgment

                                                       55-WP-13437-2025+.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 13437 OF 2025
    Mr. Kishore Ramniklal Raja                             …Petitioner

         Versus

    ICICI Home Finance Company Limited and Others          …Respondents

                              WITH
                  WRIT PETITION NO. 12492 OF 2025



Ms. Sana Raees Khan a/w Mr. Mehul Thakker and Mr. Palak Kasliwal
for the Petitioner in WP/13437/2025 and for Respondent No. 4 in
WP/12492/2025.
Ms. Charles De Souza a/w Mr. Nikhil Rajani, Mr. Rupak Sawangikar and
Mr. Ajay Deshpande i/b V. Deshpande & Co. for the Petitioner in
WP/12492/2025 and for Respondent No. 1 in WP/13437/2025.


                                 CORAM : MANISH PITALE &
                                         SHREERAM V. SHIRSAT, J.J.
                                 DATE   : 30th APRIL, 2026.
P.C. :


.        Both the Petitions challenged order dated 30.07.2025 passed
by the Debt Recovery Tribunal-II, Mumbai (“DRT-II”). The Petitioner
in Writ Petition No. 12492 of 2025 is the Secured Creditor while the
Petitioner in Writ Petition No. 1437 of 2025 is the Auction Purchaser.


2.       Impugned order dated 30.07.2025 passed by DRT-II records
that since a moratorium is operating in the light of a Petition pending
before the National Company Law Tribunal (“NCLT”), Mumbai under
Section 95 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), no
further order can be passed by the DRT-II.

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                                                                     55-WP-13437-2025+.doc




            3.      Due to the aforesaid observation in the interim order about the
            moratorium operating, the Petitioners i.e. the Secured Creditor and
            the Auction Purchaser are unable to proceed further in the matter.


            4.      It is brought to our notice that the very basis of the impugned
            order is taken away by a recent development. On 06.02.2026 the
            NCLT, Mumbai dismissed the pending Company Petition under
            Section 95 of the IBC. It is obvious that with the dismissal of the said
            Petition, the moratorium itself has ceased to operate.


            5.      On this short ground, we set aside the impugned order passed
            by DRT-II.


            6.      Consequently the Petitioner, Secured Creditor (in Writ Petition
            No. 12492 of 2025) is at liberty to proceed further in accordance
            with law.


            7.      Both the Writ Petitions stand disposed of in above terms.




            (SHREERAM V. SHIRSAT, J.)                         (MANISH PITALE, J.)


                         Digitally signed
                         by GITALAXMI
             GITALAXMI   KRISHNA
             KRISHNA     KOTAWADEKAR
             KOTAWADEKAR Date:
                         2026.04.30
                         20:05:17 +0530




Gitalaxmi




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