Filing Application Without Numbering Doesn’t Trigger Interim Moratorium: Kerala HC

Jeny Thankachan Vs Union of India (Kerala High Court) The case of Jeny Thankachan vs. Union of India, heard in the Kerala High Court, revolves around the interpretation of the Insolvency and Bankruptcy Code, 2016 (IBC) concerning the filing of an application before the National Company Law Tribunal (NCLT) and its implications on the commencement of an interim moratorium. The petitioner, a sleeping partner in a Limited Liability Partnership (LLP) firm, sought relief under the IBC claiming that its provisions should supersede those of the Securitisation and Reconstruction of Financial Assets and...