Business Standard

Moratorium under IBC applies only to corporate debtor not its promoters: SC

- PRESS TRUST OF INDIA

The Supreme Court has held that moratorium under provisions of Insolvency and Bankruptcy Code (IBC) which restrains initiation of any fresh proceeding­s or discontinu­ance of existing ones applies only to the Corporate Debtor but does not protect the promoters of the stressed company.

The top court observatio­n came in an order related to builder-home buyers’ dispute arising out of non-completion of the housing project.

A Bench of Justices D Y Chandrachu­d, Vikram Nath and Hima Kohli allowed the home buyers to move against the promoters of the first respondent Corporate Debtor (Today Homes and Infrastruc­ture Pvt Ltd), even though a moratorium has been declared under Section 14 of the IBC.

The Bench while referring to a verdict given earlier this year said that this court had held that proceeding­s under Negotiable Instrument­s Act against the Corporate Debtor would be covered by the moratorium provision under Section 14 of the IBC.

“However, it (earlier verdict) clarified that the moratorium was only in relation to the Corporate Debtor and not in respect of the directors/ management of the Corporate Debtor, against whom proceeding­s could continue”, it said in its order passed recently.

The Bench said, “We thus clarify that the petitioner­s (home buyers) would not be prevented by the moratorium under Section 14 of the IBC from initiating proceeding­s against the promoters of the first respondent Corporate Debtor in relation to honouring the settlement­s reached before this Court”.

It added that since the moratorium declared in respect of the Corporate Debtor continues to operate under Section 14 of the IBC, no new proceeding­s can be undertaken or pending ones continued against the Corporate Debtor.

The Bench noted that home buyers have urged it to direct that the personal properties of the promoters be attached in view of the provisions contained in the Resolution Plan.

It said, “The Resolution Plan is still to be approved by the Adjudicati­ng Authority (National Company Law Tribunal) under the provisions of Section 31(1) of the IBC. Hence, at this stage, when the Resolution Plan awaits approval, it would not be appropriat­e for this Court to issue a direction of that nature”.

The Bench said that after the Resolution Plan is approved under the provisions of Section 31(1), consequenc­es emanating from the statutory provision would ensue to the benefit of the home buyers.

“Hence, we have already directed that the NCLT shall dispose of the approval applicatio­n filed on August 21, 2021, within a period of six weeks from the date of receipt of a certified copy of this order,” it said.

 ??  ?? The top court observatio­n came in an order related to builderhom­e buyers’ dispute arising out of non-completion of the housing project
The top court observatio­n came in an order related to builderhom­e buyers’ dispute arising out of non-completion of the housing project

Newspapers in English

Newspapers from India