What is effect of the declaration of the moratorium under section 14 of the Insolvency and Bankruptcy Code, 2016?

CS Professional · Insolvency - Law and Practice · PYQS · June 2019
What is effect of the declaration of the moratorium under section 14 of the Insolvency and Bankruptcy Code, 2016?

Answer & Explanation:

Section 14 of the Insolvency and Bankruptcy Code, 2016 deals with the declaration of Moratorium by the Adjudicating Authority after acceptance of the CIRP application filed by the financial/ operational creditor. It provides as under: Subject to provisions of sub-sections (2) and (3), on the insolvency commencement date, the Adjudicating Authority shall by order declare moratorium for prohibiting all of the following, namely: the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; 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; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during the moratorium period. The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator; a surety in a contract of guarantee to a corporate debtor. The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process. Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 of the Code or passes an order for liquidation of corporate debtor under section 33 of the Code, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be.

Topics: Moratorium

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