Relevant provisions of Section 13 , Section 14 ,
Section 33(5) , Section 60(5) , Section 63 and Section 231 of the IBC are set
out below ... IBC cannot be read in manner so as to defeat the provisions of
Section 33(5) of the IBC. If Sections 63 and 231
Relevant provisions of Section 13 ,
Section 14 , Section 33(5) , Section 60(5), Section 63 and Section
231 of the IBC.
27. Section ... Adjudicating Authority. So, unlike Section 14 of the IBC,
under Section 33(5) of the IBC there is no absolute bar in a suit
which NCLT has jurisdiction. This
Section is pari-materia to Section 34 of SARFAESI Act, 2002.
Section 231 of IBC, specifically curtails the power ... which NCLT has jurisdiction. This Section is
pari-materia to Section 34 of SARFAESI Act, 2002. Section 231 of IBC,
specifically curtails the power
Solitaire Marine And Offshore Pvt. Ltd vs M.V.Pristine Gv (Imo No. 9118422) And
considered.
VI. OUSTER PROVISIONS UNDER THE IBC
32. Sections 63 and 231 of the IBC are almost similarly worded, classical
ouster clauses, usually provided ... Sections 65, 75, and Section 60(5)(c) of the IBC, need to be analysed
to determine whether the bar of Sections 63 and 231
IBC as well as any
application filed under Section 60(5) of the IBC. He also pointed out
that Section 231 of the IBC also ... thus his submission
that this Court by virtue of Section 231 of the IBC was specifically
barred from granting any injunction over the actions
Adjudicating Authority. So, unlike
Section 14 of the IBC, under Section 33(5) of the IBC there is no absolute bar
in a suit ... IBC cannot be read in manner so as to defeat the provisions
of Section 33(5) of the IBC. If Sections 63 and 231
deal with the
Respondent's contention.
Section 14 of IBC is relevant; not Section 231 of IBC:
17. In Rajendra Bansal, a Division Bench ... parties, to deal with the implications of Section 231 of the IBC,
which ousts the jurisdiction of civil courts in respect of any matter where
further submits that section 63 of IBC bars civil court to go into
the matters in which NCLT has jurisdiction. Section 231 of IBC ... been appointed.
75. Therefore, by virtue of Section 63 read with Section 231 of IBC, no
civil court or authority will have the jurisdiction
above and in light of
Section 60(5) read with Section 231 of the IBC, the NCLT is the appropriate
forum to adjudicate the above ... Interim Application, Section 231
cannot bar the jurisdiction of this Court.
THE MORATORIUM UNDER SECTION 14 OF THE IBC DOES NOT
PROHIBIT THE WITHDRAWAL
