9911796707
TMI Blog2018 (12) TMI 1722X X X X Extracts X X X X X X X X Extracts X X X X ..... ses pursuant to the notices issued by the Respondent under Section 13(4) of the SARFAESI Act. 2. It is contended by the Resolution Professional that on 5.12.2018 at around 12:00 noon, certain persons claiming to be authorised representatives of the Respondent forcibly entered the 'B' Wing premises and threatened the members of the Applicant's team to vacate the premises alongwith their belongings and the belongings of the Corporate Debtor including the accounting records and other important records within half an hour. Mr. Supriyo threaten the members of the applicant's team assuring that if they do not vacate the premises, they will be in contravention of an order of the court. 3. It is further stated in the application that Mr. Supriyo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Debtor is undergoing CIRP and being the Financial Creditor itself, has contravened the provisions of moratorium order and taken the possession of the property without due course of law. 7. Ld. Counsel on behalf of the Respondent requested that time be given for filing reply. It is pertinent to mention that CIR process has been initiated against the Corporate Debtor and the applicant happens to be Resolution Professional appointed by this Tribunal. While performing the duties of the RP, he is working as officer of the court and the respondent, who happens to be the Financial Creditor, and the member of the CoC, has himself violated the provisions of Moratorium Order. Respondent is directed to explain within three days as to why action s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement) Rules, 2002, shall apply." 9. In the above mentioned case, Hon'ble Supreme Court has given the guidelines for the situation where the secured creditor wants to take the possession under SARFAESI Act, and there are resistance, then what procedure should be adopted. 10. Here, Respondent, who is also the Financial Creditor of the Corporate Debtor, was fully aware of the moratorium order but violated that and taken the possession of the alleged premises/property without due process of law, given the law in the case of "Standard Chartered Bank" supra. 11. From the records, it is noted that copy of the court order was not produced by Mr. Supriyo. 12. In the circumstances, we hereby allow MA 1466/2018 and direct the respondent to immedi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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