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High Court: Loan Defaulters' IBC Misuse Threatens Economic Stability
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Loan Defaulters Misusing IBC to Evade Creditors, Impacting Economy: HC
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CNBC TV18
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19-03-2026, 16:40
Loan Defaulters Misusing IBC to Evade Creditors, Impacting Economy: HC
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Bombay High Court criticizes loan defaulters and guarantors for misusing IBC provisions to trigger moratoriums and gain immunity.
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Court states this practice frustrates IBC's objective, paralyzes lawful steps by secured creditors, and adversely affects the economy.
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Noted a "disturbing trend" where chronic defaulters use IBC to thwart secured creditors and auction purchasers under the Securitisation Act.
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Defaulters initiate collusive IBC proceedings after auction purchasers emerge, bringing all Securitisation Act steps to a standstill.
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HC quashed DRT order that stalled property sale based on a moratorium, as the sale certificate was issued before IBC proceedings.
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