https://www.taxtmi.com/caselaws?id=796148 Section 60(5)(c) of the Insolvency and Bankruptcy Code permits the Adjudicating Authority to protect a pre-existing access right where post-CIRP obstruction directly affects inspection, saleability and value realisation of liquidation assets. Access recorded in non-agricultural permission and openly used for about two decades supported a subsisting prescriptive right of way under the Indian Easements Act; an alternative route over third-party land was not legally secure. The obstruction was therefore connected with and prejudicial to liquidation, and measures keeping the access unobstructed were sustained. A dissent considered that proof of a contested prescriptive easement required civil-court adjudication with leave under the Code. en-us Wed, 29 Jul 2026 00:00:00 +0530 Sat, 01 Aug 2026 08:34:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=796148 Section 60(5)(c) of the Insolvency and Bankruptcy Code permits the Adjudicating Authority to protect a pre-existing access right where post-CIRP obstruction directly affects inspection, saleability and value realisation of liquidation assets. Access recorded in non-agricultural permission and openly used for about two decades supported a subsisting prescriptive right of way under the Indian Easements Act; an alternative route over third-party land was not legally secure. The obstruction was therefore connected with and prejudicial to liquidation, and measures keeping the access unobstructed were sustained. A dissent considered that proof of a contested prescriptive easement required civil-court adjudication with leave under the Code. Case-Laws IBC Wed, 29 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=796148