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IBC - Highlights / Catch Notes

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Company under liquidation as per IBC - Validity of arbitration ...


Arbitration Order Valid During IBC Moratorium; Court Finds No Jurisdictional Error u/s 16 of Arbitration Act 1966.

August 29, 2022

Case Laws     Insolvency and Bankruptcy     HC

Company under liquidation as per IBC - Validity of arbitration order while moratorium ordered by the NCLT was still in operation - This Court finds that the learned Tribunal has decided an application made to it by the petitioner and the orders squarely falls under the provisions of Section 16 of the Act of 1966. Therefore, it cannot be said to be an order patently lacking in jurisdiction and therefore perverse and liable to be interfered with by this Court under Article 227 of the Constitution. - HC

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