therefore, come under Section
14 (c) of the IBC; if the moratorium was extended to the present
case, it would defeat the provisions ... interim protection extended in terms of the IBC, of
the moratorium under Section 14(1) , would remain in force only
during the revival process
IBC cannot apply to Saved Petitions.
(IV) Section 14 of IBC :
36 When an application under IBC is admitted by NCLT, a
moratorium under Section ... Section 6 to
Section 54 of IBC, which result in entering a resolution or a liquidation
under IBC. IBC has no provision to permit
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 ... governed by Sections 14 and 238 of the IBC, which read as follows:
" Section 14 : Moratorium: - (1) Subject to provisions
of sub-sections
evaluate the provisions of the IBC which have a bearing on the
issue at hand. The IBC is intended to consolidate and amend the laws ... enactment of the IBC has created a paradigm shift in the regulatory framework
and processes governing corporate insolvency. The IBC reflects a fundamental
change
appointing IRP and also has proceeded
to declare moratorium in terms of Section 14 of the IBC, 2016.
11. In the aforesaid background, learned counsel ... said purpose. In terms of Section 238 of
IBC, 2016, the provisions of IBC would override all other laws
notwithstanding inconsistent therewith contained
corporate resolution process in view of Sections 6
and 7 of the IBC. An operational creditor may also approach ... also a declaration of
moratorium and public announcement is provided under Sections 13
and 14 of the IBC. During the pendency of the insolvency resolution
Bank Guarantee i.e., the kicking off of the moratorium period
under the IBC is also not valid as performance Bank Guarantees are
excluded from
petition by the adjudicating authority under the IBC
simultaneously triggers off of a moratorium of all other proceedings pertaining to
the same company including ... would already have lost its jurisdiction, by virtue of the
moratorium envisaged in the IBC, to adjudicate on the creditor's claim
appointing IRP and also has proceeded
to declare moratorium in terms of Section 14 of the IBC, 2016.
11. In the aforesaid background, learned counsel ... said purpose. In terms of Section 238 of
IBC, 2016, the provisions of IBC would override all other laws
notwithstanding inconsistent therewith contained
while dealing with repugnancy in the IBC, 2016 and
Maharashtra Relief Undertaking (Special Provisions) Act, 1958
regarding moratorium held as under:-
27. The scheme ... observed above, a moratorium has
.
already been declared by NCLT by exercise of its power under
Section 14 of the IBC, 2016 and vide
