Synopsis

The decree holder (Vistra ITCL) filed an application seeking attachment and sale of properties of the judgment debtors (Pranav Ansal and another) to enforce an arbitral award. The judgment debtors objected, arguing that proceedings under the Personal Insolvency Resolution Process (PIRP) were pending before the NCLT, and that any order of attachment would affect the repayment plan being considered by creditors. The decree holder contended that under Section 101 of the IBC, the moratorium in PIRP is for a fixed period of 180 days, which had expired, and no order on the repayment plan had been passed. The Delhi High Court held that the moratorium under Section 101 ceases automatically upon the expiry of 180 days from the date of admission of the application or upon the passing of an order on the repayment plan under Section 114, whichever is earlier. Since 180 days had expired and no order on the repayment plan had been passed, the moratorium had ceased, and there was no legal impediment to continuing the execution proceedings. The court ordered attachment of the specified properties (except one) and appointed a receiver to conduct the sale.

Court: High Court of Delhi at New Delhi

Coram: Justice Harish Vaidyanathan Shankar

Date of Judgment: 13th April 2026

Citation: OMP (ENF.) (COMM.) 116/2019

Core Law: Insolvency and Bankruptcy Code, 2016 – Sections 96, 100, 101, 114; Personal Insolvency Resolution Process (PIRP); Moratorium

2. Legal Framework

Major laws and provisions involved

• Insolvency and Bankruptcy Code, 2016 – Sections 96 (application for personal insolvency), 100 (admission or rejection of application), 101 (moratorium in PIRP), 114 (order of Adjudicating Authority on repayment plan)

• Code of Civil Procedure, 1908 – provisions relating to attachment and sale of properties

• Arbitration and Conciliation Act, 1996 – enforcement of arbitral award

Key legal principles applied

• Moratorium under PIRP is time‑bound and self‑operative: Section 101 of the IBC provides that the moratorium shall commence upon admission of the application and shall cease to have effect at the end of 180 days or on the date the Adjudicating Authority passes an order on the repayment plan under Section 114, whichever is earlier. Unlike the Corporate Insolvency Resolution Process (where the moratorium continues until completion of the process), the

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