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ARTICLE · 01 SEPTEMBER 2021

Cheque Bouncing vs Insolvency – Whether Moratorium Is A Boon Or Curse?

On 1st March 2021, a three-judge bench of Hon'ble Supreme Court, in P. Mohanraj & Ors. vs M/s Shah Bros Ispat Ltd[1], adjudicated on an important issue which arose in the said appeal.

IndiaInsolvency/Bankruptcy/Re-Structuring

Background

On 1st March 2021, a three-judge bench of Hon'ble Supreme Court, in P. Mohanraj & Ors. vs M/s Shah Bros Ispat Ltd1, adjudicated on an important issue which arose in the said appeal. The question was whether the institution or continuation of a proceeding of dishonour of cheque against companies2 under the provisions of Negotiable Instruments Act, 1888 ("NI Act") can be said to fall within the ambit of moratorium provision of the Insolvency and Bankruptcy Code, 20163 ("Code").The Supreme Court ruled that when an order of moratorium is in force under the Code, a parallel proceeding under Section 138 or 141 of the NI Act against a corporate debtor cannot be allowed to continue because the same shall fall under the relief of Section 14(1)(a) of the Code.

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