https://www.taxtmi.com/caselaws?id=284384 Moratorium under the Insolvency and Bankruptcy Code prevailed over inconsistent SARFAESI enforcement, so possession proceedings against the corporate debtor during CIRP were impermissible. The Tribunal found that the secured creditor had proceeded with possession despite the insolvency bar and without due process, making the action contrary to the Code. It also granted protective relief by directing return of physical possession of the B Wing premises and restraining further unilateral action concerning the A Wing premises to preserve the corporate debtor's possession and records. en-us Fri, 07 Dec 2018 00:00:00 +0530 Fri, 15 Nov 2019 11:23:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=284384 Moratorium under the Insolvency and Bankruptcy Code prevailed over inconsistent SARFAESI enforcement, so possession proceedings against the corporate debtor during CIRP were impermissible. The Tribunal found that the secured creditor had proceeded with possession despite the insolvency bar and without due process, making the action contrary to the Code. It also granted protective relief by directing return of physical possession of the B Wing premises and restraining further unilateral action concerning the A Wing premises to preserve the corporate debtor's possession and records. Case-Laws Insolvency and Bankruptcy Fri, 07 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=284384