sequence under
section 29-A of the 1996 Act and also in view of section 60(6) of the IBC.
6. The dates shown ... IBC continued with the
arbitration even during the moratorium during the CIRP under the IBC.
7. The petitioner has taken recourse to section 60
powers of
NCLT.
13
In Sub-Sections (4) and (5) of Section 60 of the IBC, 2016 give an
indication respectively ... about the powers and jurisdiction of the NCLT. Sub-
Section 4 of Section 60 of IBC, 2016 states that the NCLT will have the powers
Advocate then refers to the provisions laid
down under Sections 60 and 61 of IBC and submits that if the petitioners
are aggrieved with ... corporate debtor for which, remedy is
available under Section 60 of IBC before the jurisdictional NCLT and not
before the Civil Court.
Mr. Dutta referring
understanding the purport of the Code and the context in
which Section 60(6) has been put in place. This Court
cannot possibly ... statute.
35. Therefore, we are of the view that Section 60(6) IBC
does contemplate exclusion of the entire period during
which the moratorium
understanding the purport of the Code and the context in
which Section 60(6) has been put in place. This Court
cannot possibly ... statute.
35. Therefore, we are of the view that Section 60(6) IBC
does contemplate exclusion of the entire period during
which the moratorium
debtor no. 1 and hence would be bound by Section 60(2) of the
IBC, which contemplates all the applications being filed only before ... under Section 94 of the IBC.
Learned counsel appearing for the award-debtors have relied on
sections 79 and 60
appropriate forum in terms of
Section 60(6) of the Code, also militates against the rationale of Section
31 of the Code. A successful resolution ... merits may be
decided by an appropriate forum under Section 60(6) of the IBC. In answer
to the issue of undecided claims, the Supreme
till 4.7.2022 under section 60(6) of The Insolvency
and Bankruptcy Code, 2016 read with the section 14 of the IBC. The entire
period ... place shall be excluded. The effect of section 60(6)
of the IBC was considered in New Delhi Municipal Council vs. Minosha India
7
Limited
from a suit, by the moratorium stipulated in Section 14
of the Insolvency and Bankruptcy Code (IBC).
Again, in New Delhi Municipal Council v. Minosha ... excluded in computing the period of limitation.
Section 60(6) , read conjointly with Section 14 of the IBC indicates that the
entire period
Arbitrator's mandate
under Section 29-A of the 1996 Act. The mandate under Section 29-A(1) came ... learned counsel hence claims the benefit of Section 60(6) of the IBC, 2016
2
where all suits and applications filed by or against
