October 5, 2025

LAW DHARMA

Your Legal Destination

Supreme Court Affirms Procedural Adherence and Limits of Insolvency Moratorium in Civil Litigation

The Supreme Court of India in Anish M Rawther @ Anees Mohammed Rawther vs. Hafeez Ur Rahman & Ors. addressed several key legal points: it upheld the High Court’s authority to direct the acceptance of a memo for summary judgment under Order XXXVII CPC, affirmed the necessity for appellants to pursue procedural remedies and the relevance of a moratorium under Section 14 of the Insolvency and Bankruptcy Code, which was found inapplicable in this case. The court also emphasized that once a final decree is passed and not appealed, subsequent appeals on interim orders become moot, leading to the dismissal of the appeal as infructuous.