Did You Know? · Corporate & Commercial Contracts
Do you know a moratorium under IBC halts more than just recovery suits?
Section 14 freezes suits, enforcement of security, recovery of property and asset transfers - and since April 2026 guarantors cannot route around it.
Section 14's moratorium, once the National Company Law Tribunal admits a corporate insolvency application, suspends institution of suits, continuation of pending suits, enforcement of security interests, recovery of property by an owner or lessor, and even transfer or disposal of the corporate debtor's assets - a far wider freeze than most contracting parties expect when a counterparty is admitted into CIRP.
The IBC (Amendment) Act, 2026 closed a specific gap here too: it expressly extends the Section 14 moratorium to bar a surety or guarantor from suing the corporate debtor itself (say, to enforce contribution or subrogation rights) while CIRP is on, ending a contractual workaround some guarantors had been using to keep parallel litigation alive.
