NOTABLE JUDGMENTS APRIL 2026
The Decree Holder, Vistra ITCL (India) Ltd., initiated execution proceedings seeking attachment and sale of multiple immovable properties and garnishee directions to recover an arbitral award of approximately ₹385 crore against the Judgment Debtors. A list of properties proposed for attachment was placed on record. The Judgment Debtors opposed the application, contending that they were undergoing a Personal Insolvency Resolution Process (PIRP) under the IBC, 2016, and that permitting execution would remove the properties from the insolvency process, disrupt the proposed repayment plan, and grant the Decree Holder a preferential position over other creditors. It was further argued that the decretal amount had already been accounted for in the proposed repayment plan and that parallel execution would create inconsistency with proceedings before the Hon’ble NCLT. The Decree Holder countered that the moratorium under Section 101 of the IBC had already ceased upon expiry of the statutory period and therefore there was no legal bar to continuation of recovery proceedings.
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