JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of declaration declaring and holding that the moratorium under Section 14(1)(a), 14(1)(b) & 14(4) of IBC is applicable and confined only in respect of money claims and/or money decree(s) which are made against the Corporate Debtor and not in respect of non-monetary obligations against Corporate Debtor or judgments, orders or decrees such as decree for specific performance issued/awarded against Corporate Debtor before admission of CIRP and also consequentially direct NCLT to strictly follow Section 12 as per guidelines laid in the case of "Committee of Creditors of Essar Steel v. Satish Kumar Gupta, (2020) 8 SCC 531.”)

Munishwar Nath Bhandari, CJ.

1. The writ petition, in the nature of public interest litigation, has been filed by a student pursuing Final Year of Master of Law in International Law and Organizations from the School of Excellence in Law, Tamil Nadu Dr.Ambedkar Law University. She has shown concern in reference to application of certain provisions of the Insolvency and Bankruptcy Code, 2016 [for brevity, “the Code of 2016”], more specifically Sections 12 and 14 of the Code