Whether the order of Moratorium will be applicable to the lease hold property of a land-lord in which the Corporate Debtor is a tenant, particularly after decree of eviction passed in favour of the land lord against the Corporate Debtor – M/s. Navbharat Castings LLP. Vs. M/s. Moser Baer India Ltd. & Anr. – NCLAT New Delhi
NCLAT held that on hearing the learned counsel for the appellant and in view of sub-clause (1) of clause (d) of Section 14 of the Insolvency and Bankruptcy Code, 2016, the recovery of property by the owner occupied by the ‘Corporate Debtor’ is not permissible during the period of moratorium. Learned counsel appearing on behalf of the appellant submits that the ‘Corporate Debtor’ through ‘Resolution Professional’ should pay current rent for the period of moratorium as the ‘Corporate Debtor’ is occupying the premises. However, such issue has not been raised before the Adjudicating Authority. Let the appellant bring such fact before the ‘Resolution Professional’ or the ‘Adjudicating Authority’, who may consider the same. It was then contended that the period of moratorium is coming to an end on 15th August, 2018 thereafter the appellant has right to pursue for recovery of arrears of rent. We don’t express any opinion in this regard as such issue can be decided by the court of competent jurisdiction.
