control of the Corporate Debtor, subject to certain
conditions.
Moreover, Section 32A of IBC grants immunity to the
Corporate Debtor, even if it is found ... CIRP.
For the sake of clarity, the relevant portions of S.32A of IBC
is extracted hereunder:
"32A. Liability for prior offences
debtors, fall for consideration
in the captioned Writ Petitions. Section 32A of the IBC, 2016 provides for
immunity to corporate debtors and their assets, upon ... interpretation of Section 32A because the jurisdiction of Section
32A commences when the moratorium under Section 14 ends;
(ii) Section 32A is a special automatic
debtors, fall for consideration
in the captioned Writ Petitions. Section 32A of the IBC, 2016 provides for
immunity to corporate debtors and their assets, upon ... interpretation of Section 32A because the jurisdiction of Section
32A commences when the moratorium under Section 14 ends;
(ii) Section 32A is a special automatic
Pradesh Government/
Authorities etc. to uphold the legislative scheme of Section 32A
of IBC;
c. Pass any such further or other order(s) as this ... provisions of Section 31(1) and 32A of IBC, 2016.
Nevertheless, the properties which are already attached by ED,
under PMLA would not be released
Pradesh Government/
Authorities etc. to uphold the legislative scheme of Section 32A
of IBC;
c. Pass any such further or other order(s) as this ... provisions of Section 31(1) and 32A of IBC, 2016.
Nevertheless, the properties which are already attached by ED,
under PMLA would not be released
proceeding, given its object. Lastly, he also relied upon Section 32A of
the IBC, which was introduced by the Insolvency and Bankruptcy Code
(Amendment ... IBC is reinforced by the introduction of
Section 32A to the IBC in that if the intent of Section 14 were to prohibit
initiation
counsel appearing for the complainant, laid much stress on Section
32A of the IBC, which states that every person who was a ‘designated partner ... debtor’s liability
has ceased under the provision of Section 32A of the IBC.
24. In such circumstances , referred to above , the learned counsel prays
Section 32A of the Code, are fully satisfied.
12. Mr. Kadam, learned Senior Counsel submitted that,
constitutional validity of Section 32A of IBC was, challenged ... IBC, are finally disposed off, there is no finality to the order
Section 31 of IBC, and therefore application under Section 32A
moved
claimed that the RP did not rely on Section 32A of the
IBC and still Adjudicating Authority relied on the same. The argument on
behalf ... OnLine SC 1542]. It is also
argued that Section 32A of the IBC gives immunity to the Successful
Company Appeal (AT) (Insolvency
respondent No.1 is in gross violation
of Section 32A(2) of IBC. Placing reliance on the aforesaid
submissions it was submitted that the order ... violation of
the provisions of the Section 33(5) and 32A of the IBC. The
properties were purchased by the writ-applicant herein in sale
