imposed under Section 14 of
the Code. The NCLT, by order dated 02.04.2018, dismissed
the aforesaid application, stating that Section 14(1)(d ... sections dealing with “assets” that pertain to the Corporate
Debtor, such as Sections 18 and 36 of the Code. If Section 14(1)(d
right.
Therefore, nothing turns on Section 14 of IBC, 2016.
Even Section 14 (1) (d) , of IBC, 2016, which prohibits, during
the period of moratorium ... restricted its
role as provided in Section 14 of the 'Code' vide Section 14(1)(d)
including its explanations. It is also undisputed
Section 14(1) IBC is no doubt made subject to the
provisions of sub-sections (2) and (3) of Section 14 , neither sub-
section ... that, since Section 14(1)(c) expressly refers to the provisions of the
SARFAESI Act , it is evident that Section 14(1
object and underlying rationale of clauses (a) to (d)
of sub-section (1) of Section 14 are clearly to preserve
the assets and maintain ... context of Section 14 of the IBC. The scope of
Section 14 of the IBC and Section 537 of the
Companies Act, 1956 are wholly
activities is already envisaged under Clause (c).
66. Clause (d) of Section 14 , sub-section (1) provides for election of
members who are members ... other provisions of Section 14(1) is entirely uncalled for and
unwarranted. The nomination under Section 14(1)(d) is strictly
compartmentalized to a person
2025
undefined
violation of Section 14 and de hors the Scheme of
the IBC;
5.2 That, under Section 14(1)(d) of the IBC,
recovery ... object and underlying rationale of
clauses (a) to (d) of sub-section (1) of Section
14 are clearly to preserve the assets and
maintain
elected member of the Gram
Panchayat under Section 39(1) , a disqualification under Section 14(1)(d) of the
Panchayats Act automatically kicks in. Section ... that, once such order was passed under Section 39(1) , the
provisions of Section 14(1)(d) of the Panchayats Act are automatically applicable
elected member of the Gram
Panchayat under Section 39(1) , a disqualification under Section 14(1)(d) of the
Panchayats Act automatically kicks in. Section ... that, once such order was passed under Section 39(1) , the
provisions of Section 14(1)(d) of the Panchayats Act are automatically applicable
measures adopted by Respondent No.1 are not in contravention of Section 14
of the IBC. Section 14(1)(d) is not applicable ... 1)(d)
of the IBC. Section 14(1)(d) of the IBC is as follows:
"14.(1) (d) the recovery of any property
paragraph 14, the Hon'ble
Supreme Court laid down following:-
"14. A bare reading of Section 14(1)(d) of the Code
would ... right. Therefore nothing
turns on Section 14 of IBC, 2016. Even Section 14 (1)
(d), of IBC, 2016, which prohibits, during the period of
moratorium
