Retroactive Operation of Section 96(4) IBC: Bombay High Court Rules on Interim Moratorium for Personal Guarantors

Highlights of the Judgment:
- Comprehensive examination of whether Section 96(4) of the Insolvency and Bankruptcy Code operates retroactively to pending matters.
- In-depth analysis of statutory interpretation principles distinguishing prospective, retrospective, and retroactive legislation.
- Application of the Mischief Rule to curb strategic, abusive delays by debtors in creditor recovery proceedings.
- Evaluation of whether an interim moratorium constitutes an indefeasible vested right or a transient procedural mechanism.
- Judicial commentary on the legislative intent behind excluding personal guarantors to corporate debtors from interim moratoria.