From a combined reading of Subsection (4) and Sub
section (2) of Section 60 with Section 179, it is clear that none
of them hold ... section (5)
of Section 60 , as it speaks about the jurisdiction of the NCLT.
Clause (c) of Subsection (5) of Section 60 is very broad
meaning of
Section 60 (1) of the Act, no doubt it can very well be agitated under
sub- section 5 of Section 60 which ... batch
invoke sub- section 5 of Section 60 of the IBC, 2016 as discussed above
and accordingly they can seek the remedy.
55. When such
under Section 61 of
the IBC, an appeal is provided to the Hon’ble Supreme Court of India under
Section 62 of the IBC ... before the NCLAT under Section 61 of the IBC as against the order passed
by the NCLT under Section 60(5) of the IBC
State, squarely falls within the definition of
“security interest” under Section 3(31) IBC and the
_______________
Page ... State becomes a secured creditor under Section 3(30) of
the Code.
SCHEME OF IBC:-
60. It will be useful to refer to the scheme
constrained to file the application in MA/780/2019 under
Section 60(5) of IBC and prayed for appropriate direction directing the 4th
respondent
writ petition, in view of the remedy
available under Section 60(5) of the IBC, 2016. Where any claim arising from
the pre-CIRP period ... efficacious
alternative remedy under Section 60(5) of the Insolvency and Bankruptcy Code,
2016.
11.The IBC, 2016 is a comprehensive and self-contained legislation
behest of the IDBI Bank,
an application under Section 7 of the Insolvency and Bankruptcy
Code (IBC) was admitted by the NCLT by an order ... before the NCLT under Section 60(5) of the IBC to
remove the respondent from his position and to appoint some other
competent
Thereafter the Resolution Professional filed an application
under section 30 of IBC on 03.03.2022 for approval and the same ... hearing
and thereafter passed the impugned order.
2.3. As per section 60(3) of IBC, 2016, once the proceedings
initiated under the IBC, the proceedings
Insolvency and
Bankruptcy Code, 2016 (for brevity, hereinafter referred to as, “the
IBC of 2016”) is pending before the National Company Law Tribunal
against ... Section 95 of the IBC of 2016 is filed, the
adjudicating authority has to act on it. It is further submitted that
Section 60
date as mandated by Section 60(6) of IBC 2016 for the purpose of
determination of the prescribed period of limitation by the Adjudicating
Authority
