section 14 of the principal Act, for sub-section (3), the
following sub-section shall be substituted, namely:--
"(3) The provisions of sub-section ... held that
sub- section 3(b) of Section 14 amendment being clarificatory in nature and
is retrospective. Section 14 of the IBC refers only
IBC. For beneficial reference, Section 14
of IBC is extracted hereunder:
14. Moratorium. -(1) Subject to provisions of sub-
sections ... Section 238 IBC give an
overriding effect to the IBC over all other laws.
32. The Hon'ble Supreme Court at paragraph - 14
Debtor as per Section 35(1)
(b) of the IBC and to form liquidation estate under Section 36 of the IBC and
claims ... IBC and applying Section 238 of the IBC which in
case of inconsistency has overriding effect on other laws. Section 238 of the
IBC reads
passed under sub- section 5 to
sub- section 7 of Section 8 or Section 58B or sub-section 2A or Section 60
Company Appeal ... section 5 of Section 60 is very broad
in its sweep. Under Section 14 of IBC once Insolvency commences inter alia
moratorium applies to actions
affidavit required in terms of provisions of Sec. 29A read with
Sec. 30(1) of the IBC, 2016.
61. In the backdrop of aforementioned factual position ... subject to filing of
Affidavit of SRA under Section 29A r/w Sec. 30(1) of IBC, 2016
by the RP within 15 days
affidavit required in terms of provisions of Sec. 29A read with
Sec. 30(1) of the IBC, 2016.
61. In the backdrop of aforementioned factual position ... subject to filing of
Affidavit of SRA under Section 29A r/w Sec. 30(1) of IBC, 2016
by the RP within 15 days
stayed. The difference in language between Sections 14
and 101 is for a reason.
26.1. Section 14 refers only to debts due by corporate
debtors ... individuals/firms.
THE INTERPLAY BETWEEN SECTION 14 AND SECTION 32A OF THE
IBC
30. Shri Mehta, however, strongly relied upon Section
stayed. The difference in language between Sections 14
and 101 is for a reason.
26.1. Section 14 refers only to debts due by corporate
debtors ... individuals/firms.
THE INTERPLAY BETWEEN SECTION 14 AND SECTION 32A OF THE
IBC
30. Shri Mehta, however, strongly relied upon Section
Moratorium under Section 14 was imposed by the Adjudicating Authority,
initiation CIRP. Section 14(1) of the IBC provides as follows:
"14. Moratorium ... 14 , sub-section (1) of the IBC. Section 446 ,
sub-section (1) uses expression "other legal proceeding", while Section 14 ,
sub-section
Moratorium under Section 14 was imposed by the Adjudicating Authority,
initiation CIRP. Section 14(1) of the IBC provides as follows:
"14. Moratorium ... 14 , sub-section (1) of the IBC. Section 446 ,
sub-section (1) uses expression "other legal proceeding", while Section 14 ,
sub-section