https://www.taxtmi.com/caselaws?id=406472 During CIRP, a lessor cannot terminate the lease and recover possession of premises occupied by the corporate debtor because Section 14(1)(d) of the Insolvency and Bankruptcy Code bars recovery of property in the debtor's possession. The Tribunal noted that the impugned notice was issued while the moratorium was in force and that the corporate debtor remained in possession of the leased plot, so the lessor's attempt to seek possession fell within the moratorium prohibition. It also applied Section 238 to hold that the Code prevails over inconsistent provisions of other laws. The application succeeded, and coercive steps against the leased property were restrained pending resolution plan approval. en-us Mon, 12 Apr 2021 00:00:00 +0530 Wed, 14 Apr 2021 12:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=406472 During CIRP, a lessor cannot terminate the lease and recover possession of premises occupied by the corporate debtor because Section 14(1)(d) of the Insolvency and Bankruptcy Code bars recovery of property in the debtor's possession. The Tribunal noted that the impugned notice was issued while the moratorium was in force and that the corporate debtor remained in possession of the leased plot, so the lessor's attempt to seek possession fell within the moratorium prohibition. It also applied Section 238 to hold that the Code prevails over inconsistent provisions of other laws. The application succeeded, and coercive steps against the leased property were restrained pending resolution plan approval. Case-Laws Insolvency and Bankruptcy Mon, 12 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=406472