2018 (7) TMI 2146

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....Versus Justice Bansi Lal Bhat, Member (Judicial) For the Appellant : Mr. Ramji Srinivasan, Sr. Advocate with Ms. Misha, Mr. Shantanu Chaturvedi, Mr. Naveen Hegde, Ms. Aishwarya Nabh and Mr. Parth Gokhale, Advocates. For the Respondent : Mr. Jayant Mehta, Mr. Swapnil Gupta, Ms. Ankita Sinha and Mr. Sajal Jain, Advocates. ORDER A Miscellaneous Application was moved by the Interim Resolution Pro....

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.... has been disputed by learned counsel for the Resolution Professional. 4. In the present case we do not intend to go into question as to when the order of moratorium was received by the Bank. Even if it is assumed that it was received by the Bank on 19.12.2017, it was not open to them to debit any amount from the account of the Corporate Debtor subsequent to order of moratorium. Further, as the o....

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....rate Debtor' and/or any legal right or beneficial interest therein are prohibited. Clauses (c) & (d) of subsection (1) of Section 14 of the I&B Code' prohibits recovery or enforcement of any security interest created by the corporate debtor in respect of its property including the property occupied by it or in the possession of the 'Corporate Debtor'. " 6. In another case of "State Bank of India ....

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....cted by the Adjudicating Authority under Section 31 of I&B Code and as the order of moratorium comes to an end, it is always open to the Bank to rewrite its ledger book including accrued of interest and may debit the amount as recorded in a separate record/ ledger. 8. In view of the aforesaid decisions and observations, while we are not inclined to interfere with the impugned order dated 5th June....