After CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited

Insolvency and Bankruptcy Code, 2016 — S. 14(1)(c) r/w S. 238 — Moratorium under IBC — Effect of, on incomplete auction-sale of the security interest under the SARFAESI Act: Once CIRP is commenced, there is complete prohibition for any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property. Further, the legislative intent is clear that after CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited. Further, IBC being a complete code in itself and in view of the provisions of S. 238 of the IBC, the provisions of the IBC would prevail notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 

[Indian Overseas Bank v. RCM Infrastructure Ltd.

Comments