Moratorium protection over leased premises bars lessor from recovering possession while the corporate debtor remains in possession.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Section 14(1)(d) of the Insolvency and Bankruptcy Code bars a lessor from recovering leased premises during moratorium while the corporate debtor or resolution professional remains in possession, even if the lease was terminated before CIRP. The Tribunal read this protection with Regulation 31(b) and applied the distinction between physical occupation and juridical possession, holding that possession continuing after termination remains protected until lawful eviction. As the resolution professional admittedly remained in possession of the leased property, the lessor could not reclaim it during moratorium, and the claim for delivery of possession was rejected.....