Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights December 2019 Year 2019 This

Suit filed by Plaintiff during existence of Moratorium is barred ...


Court Rejects Plaintiff's Suit Filed During Moratorium; Legal Bar Assessed Solely on Plaint's Averments.

December 6, 2019

Case Laws     Insolvency and Bankruptcy     HC

Suit filed by Plaintiff during existence of Moratorium is barred by law. No doubt only plaint averments are required to be seen to find out whether suit appears to be barred by any law. However when the law itself prohibits the institution of the suit which has not been disclosed in the plaint and suppressed. The Court can still reject the plaint on the basis of the bar contained in the law

View Source

 


 

You may also like:

  1. Dishonor of Cheque - Plaint was filed that Cheque was issued as security and misused by the defendant - Jurisdiction of Revisional Court in rejecting the plaint - In the...

  2. Suit dismissed. Plaintiff company's suit seeking possession and permanent injunction rejected. HC granted permanent injunction against plaintiff barring reliance on sale...

  3. The plaintiff sought a mandatory injunction for possession of the suit property and a permanent injunction restraining the defendants from dispossessing or interfering...

  4. The application sought amendment of the plaint to implead a new defendant, which was contested on grounds of the bar u/s 14 of the Insolvency and Bankruptcy Code (IBC)...

  5. The High Court held that u/s 14(1) of the Insolvency and Bankruptcy Code (IBC), while a moratorium prohibits institution or continuation of suits against the corporate...

  6. Suit decreed partially for recovery, doctrine of lis pendens applied. Agreement dated 17.08.1990 not found fraudulent or result of collusion between plaintiff and...

  7. Bar of suits in civil courts - Section 293 makes an absolute bar to suit filed in Civil Courts with regard to any proceedings held under the Income Tax Act - d the court...

  8. Plaintiff contended defendants have no real prospect of successfully defending suit claim. Court held limitation issue raised by defendants requires further examination...

  9. Seeking exemption from pre-litigation mediation, as required by Section 12-A of the Commercial Courts Act, 2015 - Proceedings u/s 138 of the Negotiable Instruments Act,...

  10. 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...

  11. The ‘power to grant ‘permission to withdraw’ a ‘suit’ with ‘Liberty to file a fresh suit’, is to be used very cautiously. Also that ‘withdrawal of a suit’, as...

  12. The Supreme Court examined the validity of an Agreement to Sell for land, where the plaintiff entered into the agreement with a Power of Attorney holder for the...

  13. Jurisdiction of High Court - Infringement of the Trademark / Copyright - No doubt about it that a suit can be filed by the plaintiff at a place where he is residing or...

  14. Suit for recovery of money on the foot of promissory note - Burden/onus to prove - The High Court found in favor of the plaintiff, overturning the decision of the...

  15. Section 7 application rejected as barred by Section 10A of IBC. Supreme Court held no bar in amending pleadings or filing additional documents u/s 7, but present case...

 

Quick Updates:Latest Updates