The Landlord cannot recover the possession of its premises in view of imposition of moratorium – S. Rajendran RP of M/s. Vasan Health Care Pvt. Ltd. Vs. B.M Anand (HUF) – NCLAT Chennai
NCLAT held that after admitting the Application, the Adjudicating Authority would declare moratorium as per Section 14 of the Code, 2016. In pursuance of clause (d) of Sub- Section 1 of Section 14, which provides that during the moratorium period the lesser or an owner of the property cannot recover the possession of the property from the Corporate Debtor. In view of the law, the Corporate Debtor continuing its business in the premises leased to it. For the aforesaid reason the Learned Adjudicating Authority rejected the prayer of the Respondents seeking handing over of vacant possession of the premises. Hence, no interference is called for
