Suspension of initiation of corporate insolvency resolution process
Section 10A of the Insolvency and Bankruptcy Code, 2016 deals with suspension of initiation of corporate insolvency resolution process. Notwithstanding anything contained in sections 7, 9 and 10, no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020 for a period of six months or such further period, not exceeding one year fr The Act was enacted on 28 May 2016.
1[10A. Suspension of initiation of corporate insolvency resolution process.--- Notwithstanding anything contained in sections 7, 9 and 10, no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020 for a period of six months or such further period, not exceeding one year from such date, as may be notified in this behalf:
Provided that no application shall ever be filed for initiation of corporate insolvency resolution process of a corporate debtor for the said default occurring during the said period.
Explanation.--- For the removal of doubts, it is hereby clarified that the provisions of this section shall not apply to any default committed under the said sections before 25th March, 2020.]
Section 10A, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ramesh Kymal v. Siemens Gamesa Renewable Power Pvt. Ltd.
Court's Decision & Legal Precedent
Judgement of Main Case order-2.pdf 2021-02-09 labelled (order-3 same date is ROP). CA 4050/2020. D.Y. Chandrachud / M.R. Shah REPORTABLE. Digital signature Date: 2021.02.09 15:59:25 IST. DATE-CHECK false positive on NCLAT/NCLT/Ordinance fact dates (2020-10-19 / 2020-07-09 / 2020-06-05); body is the named 9 Feb 2021 IBC 10A merits (same Ghisalal/Swapnanjali/Patil pattern). Isolate: s.10A bars initiation of CIRP for a default on or after 25 Mar 2020 even where the s.9 application was filed before 5 Jun 2020 (the insertion date); ‘shall ever be filed’ is a permanent embargo for COVID-window defaults; the AA need not enquire whether COVID caused the distress. Do not pad IBC 8/9 (already filled) or 62 (appeal vehicle only).
On this section: IBC 10A: CIRP cannot be initiated for a default on or after 25 Mar 2020 even if the application was filed before 5 Jun 2020; the embargo is permanent for that default and needs no COVID-causation enquiry (Ramesh Kymal). Do not pad 8/9/62.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 10A
What have the courts held on Section 10A of the Insolvency and Bankruptcy Code?
Ramesh Kymal v. Siemens Gamesa Renewable Power Pvt. Ltd. (09 Feb 2021) is the leading judgment on this section among those set out below: IBC 10A: CIRP cannot be initiated for a default on or after 25 Mar 2020 even if the application was filed before 5 Jun 2020; the embargo is permanent for that default and needs no COVID-causation enquiry (Ramesh Kymal). Do not pad 8/9/62.
How do I find court cases under Section 10A of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 10A, section 10A Insolvency and Bankruptcy Code, section 10A of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ramesh Kymal v. Siemens Gamesa Renewable Power Pvt. Ltd. (09 Feb 2021).
What should I read with Section 10A of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 7 (Initiation of corporate insolvency resolution process by financial creditor), section 9 (Application for initiation of corporate insolvency resolution process by operational creditor), section 10 (Initiation of corporate insolvency resolution process by corporate applicant), so none of them can safely be read on its own. 3 instruments name it without being made under it, most recently Notification under section 10A of the Insolvency and Bankruptcy Code, 2016 (2020), then Notification under section 10A of the Insolvency and Bankruptcy Code, 2016 (2020).
When was Section 10A of the Insolvency and Bankruptcy Code enacted?
Section 10A of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 10A, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
Other sections of this Act
- 240. Power to make regulations2349 words
- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 239. Power to make rules963 words
- 196. Powers and functions of Board942 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.