# Sudha Bhatia vs. Tata Capital Limited & Ors.

> NCLAT judgment dated 2026-10-07. Citation: TCN-2026-NCLAT-00311. This appeal was filed against an order dated 17.08.2026 passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 7 Oct 2026
- **Citation:** TCN-2026-NCLAT-00311
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sudha-bhatia-vs-tata-capital-limited-ors-ash4r

## Summary

### Background

This appeal was filed against an order dated 17.08.2026 passed by the National Company Law Tribunal (NCLT), New Delhi Bench (Court-II). The NCLT order, issued on a New Intervention Petition No.54 of 2026, held that no moratorium under Section 96 of the IBC, 2016, would apply to proceedings initiated under Section 94 of the IBC, 2016, nor to persons who have given a personal guarantee.

## Facts

An appeal was filed against an impugned order dated 17.08.2026 passed by the Ld. Adjudicating Authority (National Company Law Tribunal) New Delhi Bench (Court-II).

The NCLT order, issued on New Intervention Petition No.54 of 2026, held that no moratorium under Section 96 of the IBC, 2016, would apply to proceedings initiated under Section 94 of the IBC, 2016, nor to a person who has given a personal guarantee.

The appellant's counsel submitted that no audience was given to him while passing the impugned order on 17.08.2026.

The main matter was to be listed on 11.09.2026, but the intervention application was taken up on 17.08.2026 without notice to the appellant.

The appellant's recall application for the order dated 17.08.2026 is pending before the NCLT for 12.10.2026.

…

## Issues and analysis

### Issue 1: Whether the NCLT's order, passed on an intervention application without granting an audience or …

**Ratio:** Procedural fairness dictates that parties affected by an order must be given an

…

**Reasoning:** The NCLAT acknowledged the appellant's submission that the impugned order was passed on

…

**Interpretation:** The NCLAT implicitly upheld the principle of natural justice, emphasizing the

…

**Application:** The NCLAT disposed of the appeal by directing the NCLT to hear the appellant's

…

## Parties

- **Judges:** Yogesh K…; Barun M…; +1 more
- **Appellants:** Sudha B…
- **Respondents:** Tata Capital…
- **Advocates:** Prashant…; Soin…; +5 more

## Timeline

- **2026-08-17 — NCLT Order…**: Ld. Adjudicating Authority (NCLT) New Delhi Bench (Court-II) passed an order on New…
- **2026-09-11 — Main Matter Lis…**: The main matter was originally listed to be…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94 — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/sudha-bhatia-vs-tata-capital-limited-ors-ash4r