https://www.taxtmi.com/caselaws?id=782577 The appellate tribunal held that encashment of post-dated cheques during the CIRP, funded by credits received after commencement, violated the Section 14 IBC moratorium. As the corporate debtor's account had insufficient funds on the cheque date, the doctrine of relation back was inapplicable, and the payments could not be treated as made prior to CIRP. The cheques, issued when orders in Section 7 proceedings were reserved, were not in the ordinary course of business and indicated an attempt to prefer certain creditors. Alleged internal arrangements lacked evidentiary support, and no breach of natural justice was established. The direction to refund Rs. 91,00,000 to the corporate debtor was upheld and the appeal dismissed. en-us Thu, 27 Nov 2025 00:00:00 +0530 Tue, 02 Dec 2025 08:35:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=782577 The appellate tribunal held that encashment of post-dated cheques during the CIRP, funded by credits received after commencement, violated the Section 14 IBC moratorium. As the corporate debtor's account had insufficient funds on the cheque date, the doctrine of relation back was inapplicable, and the payments could not be treated as made prior to CIRP. The cheques, issued when orders in Section 7 proceedings were reserved, were not in the ordinary course of business and indicated an attempt to prefer certain creditors. Alleged internal arrangements lacked evidentiary support, and no breach of natural justice was established. The direction to refund Rs. 91,00,000 to the corporate debtor was upheld and the appeal dismissed. Case-Laws IBC Thu, 27 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=782577