Section 14 of the IBC - admission or stay of counter claim - the ...

Courts Must Evaluate Counterclaims Under IBC Section 14 Moratorium, Avoid Automatic Stays for Broader Justice.

August 22, 2019

Case Laws Insolvency and Bankruptcy HC

Section 14 of the IBC - admission or stay of counter claim - the Court has to see whether the purpose and intent behind the imposition of moratorium is being satisfied or defeated. A blinkered approach cannot be followed and the Court cannot blindly stay the counter claim and refer the defendant to the NCLT/RP for filing its claims.

View Source

← Previous Next →

Section 14 of the IBC - admission or stay of counter claim - the ...

Courts Must Evaluate Counterclaims Under IBC Section 14 Moratorium, Avoid Automatic Stays for Broader Justice.

August 22, 2019

Case Laws Insolvency and Bankruptcy HC

You may also like:

Automatic Vacation of the interim order / Stay Order after six months - judicial legislation or not - The Supreme Court held that interim orders cannot automatically...

The Calcutta High Court considered the applicability of a moratorium order from the U.S. Bankruptcy Court in India, focusing on principles of Comity of Nations and...

CIRP - Home Buyers - Moratorium against the company has been ordered - The Supreme Court's decision in this case clarifies that the moratorium u/s 14 of IBC does not...

Arbitral Proceedings - Computation of one-year period for completing the proceedings - exclusion of days during which the proceedings were stayed - The High Court...

From perusal of Section 96(1)(b) of IBC, 2016, interim moratorium restrains ongoing or fresh legal action or proceeding regarding debt pertaining to personal guarantor,...

Order of cancellation of registration passed by Assessing Officer upheld by dismissing appeal on limitation ground challenged for not providing opportunity of hearing...

The High Court considered whether orders abeying arbitration proceedings during a moratorium period were so perverse as to warrant invoking writ jurisdiction due to a...

The High Court or Sessions Court should be reluctant to grant an interim stay on the operation of an order granting bail pending disposal of the cancellation application...

HC determined that moratorium period under IBC Section 14 must be excluded when calculating limitation period for restoration applications under CPC Order IX Rule 9....

Once symbolic possession of the property is taken over by the appellant under the SARFAESI Act, 2002, the moratorium u/s 96 of the Insolvency and Bankruptcy Code...

The creditors of the Personal Guarantors who are unable to file an application due to enforcement of moratorium under Section 96 can very well avail the benefit of...

Safeguard duty levied on the import of solar cells and modules - Validity of levy during the period when the injunction from the High Court of Orissa was active -...

The High Court held that the petitioners have no right of appeal against the determination made by the authority regarding the profited amount u/s 171 of the CGST Act....

Stay of demand - AO directed to pay 20% of demand for stay which was not complied - Ld. single Judge put precondition to 10% deposit to consider stay petition by CIT(A)...

The Income Tax Appellate Tribunal dismissed the appeals filed by a company in liquidation process against income tax proceedings due to the moratorium imposed u/s 14 of...

Quick Updates: