STATE BANK OF INDIA Vs. COASTAL PROJECTS LTD
LAWS(NCLT)-2018-1-431
NATIONAL COMPANY LAW TRIBUNAL
Decided on January 05,2018

STATE BANK OF INDIA Appellant
VERSUS
COASTAL PROJECTS LTD Respondents

JUDGEMENT

- (1.) The petition filed by the financial creditor under Sec.7 of the Insolvency & Bankruptcy Code, 2016 is hereby admitted for initiating the Corporate Resolution Process and declare a moratorium and public announcement as stated in Sec.13 of the IBC, 2016. The moratorium is declared for the purposes referred to in Sec.14 of the Insolvency & Bankruptcy Code, 2016.
(2.) The IRP shall cause a public announcement of the initiation of Corporate Insolvency Resolution Process and call for the submission of claims under Sec. 15. The public announcement referred to in clause (b) of sub-section (1) of Insolvency & Bankruptcy Code, 2016 shall be made immediately. Moratorium under Sec. 14 of the Insolvency & Bankruptcy Code, 2016 prohibits the following: a) The institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; b) Transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; c) Any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) ; d) The recovery of any property by an owner or lessor where such property is occupied by or in possession of the corporate debtor.
(3.) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during the moratorium period. The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator.;


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