prayers sought for by the Respondent No.
1 under Section 60(5) of the IBC in view of the law laid down ... NCLT arises not only under Section 60(5) but also under
Section 35(1)(n) of IBC. Reliance has also placed on Section
resolution of the Corporate Debtor. Section
60(5)(c) provides thus:
" Section 60 - Adjudicating Authority for corporate
persons
.....
(5) Notwithstanding anything to the contrary ... orders
are inconsistent with Section 20 of IBC are in valid and prohibited under
Section 238 of IBC. Moreover, Section 14 is not applicable
would have been justified in
exercising its jurisdiction under Section 60(5)(c) of
the IBC and, in exercise of our jurisdiction
under Article ... present case, the Adjudicating
Authority is sufficiently empowered under Section
60(5)(c) of the IBC to make a determination of the
Company Appeal
would have been justified in
exercising its jurisdiction under Section 60(5)(c) of
the IBC and, in exercise of our jurisdiction
under Article ... present case, the Adjudicating
Authority is sufficiently empowered under Section
60(5)(c) of the IBC to make a determination of the
Company Appeal
Section 60 (2) of the IBC was amended with effect from 06.06.2018.
From the reading of amended provision, it is evident that Section 60 ... Section 60 of IBC. Therefore, the aforementioned observations in
the Gujarat Urja Judgement have to be read in tandem with the
amended Section 60
relevant to note that unlike Section 4 of the PIA,
Section 60(5)(c) of IBC is not subject to other provisions
of the statute ... insolvency court under Section 4 of the PIA, which is
similar to Section 60(5)(c) of IBC. This Court held that
an insolvency court
relevant to note that unlike Section 4 of the PIA,
Section 60(5)(c) of IBC is not subject to other provisions
of the statute ... insolvency court under Section 4 of the PIA, which is
similar to Section 60(5)(c) of IBC. This Court held that
an insolvency court
relevant to note that unlike Section 4 of the PIA,
Section 60(5)(c) of IBC is not subject to other provisions
of the statute ... insolvency court under Section 4 of the PIA, which is
similar to Section 60(5)(c) of IBC. This Court held that
an insolvency court
Company IA
No.984(KB)2021 was maintainable under Section 60(5) of the IBC?
(ii) Whether the Appellant was entitled for the reliefs claimed ... actions
prohibited by Section 14 of IBC, there would have
been no requirement for the legislature to enact
Section 60(5) (c) of IBC. Section
From a combined reading of Sub-section (4) and Sub-
section (2) of Section 60 with Section 179, it is clear that
none of them ... section (5) of Section 60, as it speaks about the
jurisdiction of the NCLT. Clause (c) of Sub-section (5) of
Section 60 is very
