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IBC - Highlights / Catch Notes

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Jurisdiction to entertain and dispose of the Interim Application ...


Section 231: Civil Courts Can Exercise Jurisdiction When NCLT Lacks Authority Over First Appeal or Interim Application.

January 9, 2023

Case Laws     Insolvency and Bankruptcy     HC

Jurisdiction to entertain and dispose of the Interim Application - Section 231 creates a bar on the jurisdiction of a civil court only where the Adjudicating Authority (i.e., NCLT in this case) has the jurisdiction over a given issue. Since, as held above, the NCLT does not have jurisdiction to adjudicate upon the First Appeal or the Interim Application, Section 231 cannot bar the jurisdiction of this Court. - HC

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