object sought to be achieved by the IBC in imposing
this moratorium, a quasi-criminal proceeding which
would result in the assets of the corporate ... which also occurs in
Chapter II in Part III of the IBC, a moratorium is
imposed thus:
“85. Effect of admission of application
have initiated and proceeded further in view of moratorium available under
Section 14 of the IBC. Section 65 read with Section 63 of the IBC ... common forum in this regard.
8. Section 14 of the IBC speaks of moratorium. A declaration has to be
made through an order
filed before NCLT is maintainable in view of Section 10-A of
IBC, 2016. In other words, the question arise for consideration in this
writ ... 2023.
(15)Section 10-A of IBC, 2016 is only a moratorium temporarily suspending
8
https://www.mhc.tn.gov.in/judis
Corporate debtor would be covered
by the moratorium provision contained in Section 14 of
the IBC, by which continuation of Section 138 / 141
proceedings against ... IBC would
make it impossible for such proceeding to continue or be
instituted against the corporate debtor. Thus, for the
period of moratorium, since
reported in [2021
SCC Online SC 152] has held that the moratorium applies to the Corporate
Debtor under sections 138 and 141 of the Negotiable ... being the case, it
is clear that the moratorium provision contained in Section 14 of the IBC would
apply only to the corporate debtor
defaulters are not akin to those covered under the moratorium u/s 96 of IBC as
the said section deals only with ‘debt
resolution plan. It is
further stated that the order of moratorium came into effect from
29.08.2019, while the default due to non-payment was much ... earlier (i.e.)
from 2019. Further, Section 14(2) of the IBC does not provide any
exclusion or exemption from making statutory payment which
operational creditor M/s.Alcon
Laboratories (P) Ltd under Section 9 of IBC, 2016, for alleged default in
payment ... purpose appointed Mr.V.Mahesh as Interim
Resolution Professional. Also NCLT declared moratorium for proceedings
against the Corporate Debtor with effect from the date
Cholamandalam Investment And Finance ... vs Navrang Roadlines Private Limited
Author: D.Krishnakumar
Bench: T.Raja
Bankruptcy Code, 2016, the auction cannot be conducted
in view of the moratorium applicable to possession and beneficial interest.
9.For the sake of clarity ... Moratorium.—(1) Subject to provisions of sub-sections (2)
and (3), on the insolvency commencement date, the Adjudicating
Authority shall by order declare moratorium
