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IBC - Highlights / Catch Notes

Home Highlights March 2020 Year 2020 This

Interpretation of Statute - Prohibition during the moratorium ...


Section 14(1)(d) of Insolvency Code: Moratorium Blocks Property Recovery, Affects Only Physical Possession, Not Legal Rights.

March 2, 2020

Case Laws     Insolvency and Bankruptcy     SC

Interpretation of Statute - Prohibition during the moratorium period - the recovery of any property by an owner or less or where such property is occupied by or in the possession of the corporate debtor - Section 14(1)(d) of the Insolvency & Bankruptcy Code, when it speaks about recovery of property “occupied”, does not refer to rights or interests created in property but only actual physical occupation of the property. - SC

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