Retroactive Operation of Section 96(4) IBC: Bombay High Court Rules on Personal Guarantor Interim Moratoriums

Highlights of the Judgment:
- Detailed analysis of whether Section 96(4) of the IBC operates retroactively to pending personal guarantor insolvency applications.
- Application of the Mischief Rule and Heydon's Rule to statutory amendments curing the misuse of interim moratoriums.
- Distinction between retroactive and retrospective statutory operations, and procedural versus substantive rights.
- Examination of whether an interim moratorium under Section 96 constitutes an indefeasible vested right for debtors.
- Harmonious interpretation of the IBC alongside the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.