effect of
Section 31 apparently of the IBC does not appeal to us. What
Section 31 of the Act, IBC undoubtedly proclaims is that ... from the said
provision. In fact, taking the scheme of the IBC Section 60(6)
would become an integral part of the scheme which will
effect of
Section 31 apparently of the IBC does not appeal to us. What
Section 31 of the Act, IBC undoubtedly proclaims is that ... from the said
provision. In fact, taking the scheme of the IBC Section 60(6)
would become an integral part of the scheme which will
failed to
consider the averment made with respect to Section 60(5)(c) of the
IBC, 2016.
10. Learned counsel for the petitioner submitted that ... dealt with the arguments raised by the
Petitioner on Section 60(5) (c) of the IBC Code in detail wherein it
was, inter alia, clearly
failed to
consider the averment made with respect to Section 60(5)(c) of the
IBC, 2016.
10. Learned counsel for the petitioner submitted that ... dealt with the arguments raised by the
Petitioner on Section 60(5) (c) of the IBC Code in detail wherein it
was, inter alia, clearly
Resolution
applicants. It was urged that Sections 60(5)(c) and 60(6) of the IBC
cannot be bypassed and the decision of the NCLT ... role over the entire
CIRP proceedings and is empowered under Section 60 of the IBC to
take action on any issue relating to the insolvency
dispute or differences
shall be referred to the arbitration after expiry of 60 days from the
date of notification of the failure of the conciliation ... excluded from
the application of limitation Act as envisaged under Section 60(6) of
IBC, 2016. Learned counsel further submitted that in respect of notice
language used in Sections 18
and 25 in contrast to the language employed in Section 20 .
Section 18 speaks about the duties of the interim ... advantage of Section 60(5)
a) Therefore in the light of the story scheme as culled out
from various provisions of the IBC
settlement of the
Corporate Guarantee in term of Section 12-A6 of the IBC since
respondent No.2/ICICI Bank has arbitrarily levied an inflated ... aforesaid clause in the
Guarantee Deed to the tune of Rs.60 crores.
11. Alluding to the Clause 2.2.9(D) of the "Master Circular
Suresh Kumari vs Registrar Of Companies & Ors. on 20 February, 2025
Author: Dharmesh Sharma
officer who is in
default, as defined in clause (60) of section 2 of the Companies ... that the corporate debtor's liability has ceased under this
sub-section.
(2) No action shall be taken against the property of the corporate
