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TMI Blog2019 (4) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ltd.' withdrawing sum of Rs. 11,56,396/- and another sum of Rs. 11,01,590/-. In this background, the Resolution Professional moved an application before the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench for direction against the Appellant to refund the aforesaid two amounts withdrawn during the period of moratorium. The Adjudicating Authority by impugned order dated 8th March, 2019, on hearing the parties, accepted the prayer and held that the payment received by the Appellant from the Corporate Debtor on the basis of post dated cheques encashed during the Corporate Insolvency Resolution Process is hit by Section 14 of the I&B Code. 2. Learned counsel appearing on behalf of the Appellant submitted that the post dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no person can recover any amount from the account of the Corporate Debtor. It is true that the cheque dates back to the date of handover but it cannot be encashed after the moratorium starts, in view of the specific provisions, to recover the amount from the Corporate Debtor as referred above. 8. For the aforesaid reason, we are not inclined to interfere with the impugned order. However, order passed by the Adjudicating Authority or this Appellate Tribunal will not come in the way of the Appellant to move before a court of appropriate jurisdiction for appropriate relief, after refunding the amount in terms of order dated 8th March, 2019 passed by the Adjudicating Authority. 9. On the request made by learned counsel for the Appellant, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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