Can a creditor terminate an agreement with a company rescue company and what is the consequence if a company rescue palliator suspends a contract before termination? It is customary for company rescue practitioners to immediately suspend all contracts involving a company in business rescue, which prevents any party from enforcing the agreement. However, if the practitioner does not suspend the contracts immediately after the start of the company`s rescue procedure, the company may lose the protection of the moratorium imposed by Article 133. In Kythera Court v Le Rendez-vous Café CC 2016 (6) SA 63 (GJ), it is true that the specific issue of the suspension of obligations by a company rescue practitioner within the meaning of Article 136(2) of Regulation No 136. A of the Companies Act is not the main litigation that the court had to conduct, but Judge Boruchowitz mentioned: But can a lessor terminate a lease while the tenant remains under a business rescue? In Kythera Court v Le RendezVous Cafe CC and Another (a judgment which deals specifically with whether and when a lessor may market a lessee company that has initiated business rescue proceedings and is in arrears in its lease) decided that, in the context of a business rescue proceeding, eviction/ejection proceedings may be initiated if: (1) the company`s rescue spratist has not suspended the tenant`s obligations under a rental agreement (within the meaning of Section 136(2)(a) of the Act); and (2) the lessor terminated the lease for non-payment. Boruchowitz J found that sentences s133 and s134 of the Act relating to the lawful holding of property give rise to an interpretation that excludes legal proceedings or enforcement measures relating to property illegally held by the enterprise and in the context of the rescue of the enterprise. Therefore, the application of sections 133 (1) (b) and s134 (1) (c) of the Act did not apply. In practice, this meant that the lessor did not have to seek the court`s permission to initiate the eviction proceedings and was not required to obtain the agreement of the company rescue specialist to exercise his rights to the property. In the following case, the court found that the lessor had terminated the lease agreement prior to the practitioner`s notice of suspension and therefore found that the lessee had become an unlawful occupant of the property and had therefore omitted the protection afforded by article 133. Therefore, the landlord can initiate eviction proceedings against a tenant. Once the company has been rescued, there is a moratorium on legal action within the meaning of Section 133 of the Companies Act, which prohibits taking legal action against the company to be saved, allowing the stressed company to “respite”.