During a moratorium supply of essential goods or services to the corporate debtor shall not be terminated or suspended or interrupted as per Section 14(2) of the IBC. But, who determines if a particular supply is essential or not?
As per Report of The Insolvency Law Committee (2020), ‘supplies which would be considered critical should be identified by the resolution professional, who is entrusted with the responsibility of running the corporate debtor as a going concern.’