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TMI Blog2018 (3) TMI 1454X X X X Extracts X X X X X X X X Extracts X X X X ..... enactment, prevails over the Act of 2005? To our belief, it can’t be, because this Tribunal is barred to interfere with the jurisdiction exercised by the Collector of Goa. In the light of this background, we don’t even believe that we need to further clarify that operation of fields under both enactments is distinct and therefore overriding effect will not operate on the Act of 2005. Once jurisdiction itself is barred to this Adjudicating Authority under section 71 of the Act 2005, this Bench could not even look into the merits as to whether such order is right or wrong or into maintainability of the proceedings initiated or orders issued under the Act of 2005, let alone overriding effect of Insolvency & Bankruptcy Code on the Disaster Management Act, 2005. This Corporate Debtor has to go before Hon’ble High Court of Bombay-Goa by way of filing Writ Petition or by making its grievance in the Writ Petition already pending before the Hon’ble High Court of Bombay-Goa. - Ivn. A 11/2018 & MA 73/2018 In CP 1487/I&BP/2017 - - - Dated:- 7-2-2018 - MR. B.S. V. PRAKASH KUMAR AND MR. V. NALLASENAPATHY, JJ. For The Petitioner : Ajit Singh Tawar, Adv. For The Respondent : A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reventing escape of oil from the FDD, removal of oil from the FDD, removal of oil slicks from the surface area but till date no action has been taken by this Corporate Debtor. 4. The Applicant has also filed before this Bench a letter dated 17.05.2017 addressed by Goa State Pollution Control Board to the Collector Dist. Magistrate, South Goa Disaster Management Authority (South Goa), Margao, Goa stating that Dy. Commandant, Dist. OPS and Plans Officer for Dist. Commander, Indian Coast Guard informed through fax that the said authority has observed that the FDD of the Corporate Debtor is going down/listing dangerously probably due to water ingress inside buoyancy tank by saying though grounding of Floating Docks may not have serious pollution hazards but discharge of oil/bilges in some of the tanks of the floating docks cannot be ruled out and that leakage of oil post grounding can have catastrophic damage to fragile marine environment of coastal Goa. In view of the same, pollution authority requested the Disaster Management Authority to initiate appropriate steps for prevention of any disastrous at the earliest. 5. By looking at the overall situation and on personal of insp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat since the FDD is the asset of the Corporate Debtor, for already having moratorium declared on 12.12.2017 suspending everybody to proceed against the Corporate Debtor or to create any third party rights over the assets of the Corporate Debtor as long as moratorium is in force, they further submit, in view of the overriding effect of the Insolvency and Bankruptcy Code, no proceedings shall be initiated and no transactions should be held in respect of the property of the Corporate Debtor, whereby the auction proposed to be held on 9.2.2018 shall be stayed. 11. Looking at the documents and submissions made by the Applicant, it is evident that various authorities have come to a conclusion that in case anything happened to this FDD of the Corporate Debtor, there is likely to be environmental hazard and loss of lives, which is paramount consideration to the State as well as the public rather than the economic interest of the stakeholders of the Corporate Debtor. Director General of Shipping already sent a notice to the Corporate Debtor on 17.5.2017 itself stating that the corporate debtor should take preventive steps so as not to let any disaster happen to the coastal area, but til ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction to entertain any suit or proceedings in respect of any matter on which National Company Law Tribunal or the National Company Law Appellate Tribunal has jurisdiction under this Code. Civil court not to have jurisdiction. Part-V: Miscellaneous 231: No civil court shall have jurisdiction in respect of any matter in which the Adjudicating Authority is empowered by, or under, this Code to pass any order and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any order passed by such Adjudicating Authority under this Code. The Disaster Management Act, 2005 (d) disaster means a catastrophe, mishap, calamity or grave occurrence to any area, arising from natural or manmade causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area; (e) disaster management means a continuous and integrated process of planning, organizing, coordinating and implementing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equitable and non-discriminatory manner; (m) take such other steps as may be required or warranted to be taken in such a situation. 71. Bar of jurisdiction of court - No court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines issued by the Central Government, National Authority, State Government, State Authority or District Authority in pursuance or any power conferred by, or in relation to its functions, by this Act. 72. Act to have overriding effect - The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 74. Immunity from legal process - Officers and employees of the Central Government, National Authority, National Executive Committee, State Government, State Authority, State Executive Committee or District Authority shall be immune from legal process in regard to any warning in respect of any impending disaster communicated or disseminated by them in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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