NCLT lacks power to extend PIRP moratorium beyond 180 days under S.101(1) IBC.

Headnote:The Insolvency and Bankruptcy Code, 2016 (IBC), particularly Sections 95(1), 99, 100, 101(1), 106, 112, 114 governs applications for personal insolvency resolution process (PIRP) against personal guarantors. Financial creditor filed petitions under S.95 against personal guarantors of corporate debtor, leading to admission and appointment of resolution professional (RP). RP sought extension of PIRP beyond 180 days and condonation of delay due to negotiations and approvals. Court held no power to extend moratorium under S.101(1), which mandates cessation after 180 days or order on repayment plan, whichever earlier. Key issue: Whether NCLT can extend PIRP moratorium under S.60(2) r/w Reg.19 IBBI (PIRP) Regulations, 2019. Ratio: S.101(1) prescribes fixed 180-day moratorium without extension provision, unlike CIRP; RP failed to file reports within 120 days; legislative intent requires process completion within timelines (paras 14-19). Reliance on NCLAT in Anil Kumar v. Mukund Choudhary affirmed moratorium cannot be extended. All six I.As. disposed of; no extension granted. RP directed to comply with Code provisions.

Table of Content
1. common order for similar i.as. seeking pirp extension. (Para 1 , 2)
2. rp details process delays and seeks condonation, creditor approvals. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. analysis of s.60(2), s.101(1) timelines and no extension power. (Para 13 , 14 , 15 , 16)
4. reliance on nclat confirming moratorium ends at 180 days. (Para 17 , 18)
5. no extension granted; all i.as. disposed of. (Para 19 , 20 , 21 , 22)

ORDER

Order delivered on: 28.01.2026

1. As the issues, facts and prayers in all the 6 Interlocutory Applications above are similar in nature hence they are all dealt with and being disposed of by this common order.

I.A.(IB)/136/MB/2026 in CP 400/MB/2024

2. The present I.A. has been filed by Mr. Purusottam Behera, (“Applicant”) as a Resolution Professional of Mr. Shivkumar Patil (“Personal Guarantor”), under Section 60(2) of the Insolvency and Bankruptcy Code, 2016 (“the Code”) r/w Regulation 19 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors)Regulations, 2019 (“IBBI Regulations 2019”) a/w Rule 11 of NCLT Rules, 2016, seeking extension of Personal Insolvency Resolution Process Period for additional 201 (two hundred and one) days i.e., from 29.06.2025 to 15.01.2026 and condonation of the delay of 193 days in filing the present extension application from 29.06.2025 to 07.01.2026.

Facts & Submissions of the Applicant

3. The present company petition was filed by State Bank of India ("Financial Creditor") under section 95 of the Code, on 04 July 2023 against the Personal Guarantor of MSM Steels Private Limited ("Corporate Debtor") and vide order dated 15.07.2024, the Applicant was appointed as the Resolution Professional. As per section 99(1) of the Code, the Applicant examined the Application filed by the Financial Creditor and filed his report on 01.08.2024 recommending commencement of the Insolvency Resolution Process of the Personal Guarantor. Thereafter, this Tribunal vide order dated 01.10.2024 admitted the petition, commencing the Personal Insolvency Resolution Process (PIRP) of the Personal Guarantor.

4. The Applicant in compliance with Section 102(3)(a) of the Code, issued a public notice on 10.10.2024 in one English newspaper, viz. ‘Free Press Journal’ and in one newspaper in Marathi (vernacular language), viz. ‘Navshakti’ for inviting claims from all creditors of the Personal Guarantor in Form B. The last date for submission of proof of claims was 31 October 2024.

5. Considering the claims received, the Applicant prepared list of creditors and the total amount of the claim received and admitted is Rs.268.49 Cr. Thereafter, a Repayment Plan was received from the Personal Guarantor on 07.01.2025 and in accordance with Section 106 of the Code, the Applicant submitted the Repayment Plan along with his report on such plan before this Tribunal, which was taken on record vide order dated 24 February 2025.

6. The Applicant submits that since the PIRP period was expiring on 29.01.2025, the Applicant with due approval of the creditors during 3rd Meeting of Creditors held on 17.05.2025 filed an application before this Tribunal seeking extension of PIRP period beyond 120 days for a period of 150 days vide IA 3508 of 2025. The matter is currently pending adjudication.

7. Later on, the final revised Repayment Plan dated 22.08.2025 was placed for e-voting from 29 October 2025 to 05 November 2025, as decided in the 8th Meeting of Creditors held on 27 October 2025. The voting period was thereafter extended till 06 December 2025.The e-voting resulted in the approval of the Repayment plan, with 100% votes in its favour. Accordingly, the Applicant filed a Report via IA/5816/2025under Section 112 of the Code, detailing the approval of the Repayment Plan submitted by the Personal Guarantor. However, this Tribunal, by order dated 18.10.2025, observed that since the application seeking extension was pending adjudication, the IA for filing the Report

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