Moratorium protection under insolvency law bars recovery of leased premises in the corporate debtor's possession despite pre-CIRP lease termination.

Section 14(1)(d) of the Insolvency and Bankruptcy Code bars an owner or lessor from recovering property in the corporate debtor's occupation during moratorium, and that protection applies to the debtor's actual possession on the insolvency commencement date. A pre-CIRP termination notice does not, by itself, restore possession to the lessor while the premises remain with the resolution professional for use by the corporate debtor as a going concern. Amounts due to affected persons are treated as CIRP costs under Regulation 31(b), reinforcing the moratorium framework. The leased premises therefore could not be recovered during CIRP.

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Issues: Whether a lessor can recover possession of leased premises occupied by the corporate debtor during moratorium under Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016, even where the lease was terminated before commencement of CIRP.

Analysis: Section 14(1)(d) bars recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. The protection is directed to the existing possession of the corporate debtor on the insolvency commencement date and is reinforced by the treatment of amounts due to affected persons as CIRP costs under Regulation 31(b) of the CIRP Regulations. The premises in question continued to be in the possession of the resolution professional for use by the corporate debtor, and the record showed that the premises were critical to the corporate debtor's operations as a going concern. The prior termination notice did not, by itself, permit restoration of possession to the lessor during moratorium.

Conclusion: The appellant was not entitled to recovery of possession during the moratorium, and the claim for delivery of the leased premises was rejected.

Final Conclusion: The appeal failed on the central question of restoration of possession during CIRP, and the moratorium protection under the insolvency code continued to bar eviction of the corporate debtor from the leased premises.

Ratio Decidendi: During moratorium, Section 14(1)(d) protects the corporate debtor's actual possession or occupation of property, and a lawful pre-CIRP termination of the lease does not by itself permit the lessor to recover such property while the premises remain in the corporate debtor's possession.

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