necessary to extract Section 14 of the IBC which reads as
under:
"14. Moratorium - (1) Subject to provisions of sub-
sections ... passed by the NCLT on 12.03.2018 /
19.03.2018, granting Moratorium by virtue of Section
14 of the IBC, no recovery proceedings could be
initiated against
provides for declaration of
moratorium and public announcement; Section 14 provides for
moratorium. Section 14(1)(a) of the IBC reads as under:
" Section ... Such proceedings shall continue till the
declaration or framing of moratorium under the IBC and
therefore, I am of the view that rejection
under the IBC which commenced
on 11-9-2018 when the NCLT admitted the application
under Section 7 IBC. Thus, the moratorium under the IBC ... moratorium. If the appellant had made any payment during
the period of moratorium, the appellant would have
committed breach of the provisions of the IBC
provisions relating to moratorium under
Sections 14 , 96 and 101 IBC, concluded that the
moratorium provision contained in Section 14 IBC would
apply only ... doing so, it was
clarified that the moratorium under IBC does not extend
to criminal proceedings. Further, it was emphasised that
IBC's objective
once an application is filed under Section 94
of IBC Act, from that day the moratorium will be in effect and
no proceedings shall ... moment the application is filed under Section 94 of
IBC Act, the moratorium under Section 96 of IBC Act, will come
into effect
petition filed under the IBC is
admitted in terms of Section 14 of the IBC, moratorium
kicks in and in view of the said moratorium ... Section 14 of the IBC reads as under:
"14. Moratorium.- (1) Subject to provisions
of sub-Sections (2) and (3), on the insolvency
Since the corporate debtor would be
covered by the moratorium provision contained
in Section 14 IBC, by which continuation of
Sections 138 / 141 proceedings against ... This being the
case, it is clear that the moratorium provision
contained in Section 14 IBC would apply only to
the corporate debtor, the natural
such prosecutions are,
therefore, outside the ken of the moratorium
provisions contained in Section 14 IBC. Section
32-A(1) IBC reads as follows ... This being the case, it
is clear that the moratorium provision contained
in Section 14 IBC would apply only to the
corporate debtor, the natural
Since the corporate debtor would be
covered by the moratorium provision contained
in Section 14 IBC, by which continuation of
Sections 138 / 141 proceedings against ... This being the
case, it is clear that the moratorium provision
contained in Section 14 IBC would apply only to
the corporate debtor, the natural
IBC. If
the application is admitted, given the provisions of
Section 14 [1][a] of IBC 2016, there will be
moratorium even as against ... observations as aforesaid,
Sri. Rohan Kothari contends that the moratorium
under Section 14(1) of IBC will commence not from
the date of issuance