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2021 (4) TMI 588 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCHCIRP process - possession of Land during the CIRP process - Restraint on Respondent from taking any steps in further of the notice - termination of lease agreement till the completion of the corporate insolvency resolution process - co-operation in concluding the corporate insolvency resolution process. HELD THAT:- R1’s action in seeking possession of the leased land, during the currency of CIRP, is hit by Section 14(1)(d) of the Code. The judgement of the Hon’ble Supreme Court in Rajendra Bhutta’s case [2020 (3) TMI 34 - SUPREME COURT] is the comprehensive answer to all the contentions raised by R1 where it was held that Section 14(1)(d) of the Insolvency & Bankruptcy Code, when it speaks about recovery of property “occupied”, does not refer to rights or interests created in property but only actual physical occupation of the property. The dismissal of the Writ Petition filed by R2 does not have any bearing on these proceedings - application allowed.
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