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2020 (2) TMI 1701 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , NEW DELHIArbitration proceedings - initiation of arbitration proceedings against the Corporate Debtor, which was hit by moratorium when CIRP started - Corporate Debtor undergoing liquidation proceedings - Section 35(k) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- The duty cast on the Liquidator is to institute or defend any Suit, prosecution or other legal proceedings. The same would include conscious decision which a Liquidator may take whether or not in the given set of facts, he needs to defend the proceeding. If the Liquidator has taken the decision, for reasons stated, we do not think that the Appellant has any right to force the Liquidator to come and defend and surrender to the action which the Appellant claims to have initiated. There are no reason to interfere with the Impugned Order. The Appeal has no substance. The Appeal is dismissed at the stage of admission.
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