dealing with the issue of Section 14 , IBC, this
Court had the occasion to deal in detail with Section
32A also. The 2nd proviso ... prohibition
under Section 29-A . [For example, where the exemption
under Section 240-A is applicable.] ***
67. Thus, Section 32A broadly leads to:
a. Extinguishment
interpretation of Section 32A because the jurisdiction of Section
32A commences when the moratorium under Section 14 ends;
(ii) Section 32A is a special automatic ... purpose and object of
not only Section 31 , but also Section 32A of the IBC, 2016, the NCLT had
all powers to direct
interpretation of Section 32A because the jurisdiction of Section
32A commences when the moratorium under Section 14 ends;
(ii) Section 32A is a special automatic ... purpose and object of
not only Section 31 , but also Section 32A of the IBC, 2016, the NCLT had
all powers to direct
Bank of India are also attached under sub-section (1) of Section 4 , Section 5
and Section 8 of the MPID ... sold in auction, action under Section
32A cannot be sought. It is also argued that Section 238 of the IBC cannot
override the provisions
Adjudicating Authority under Section 60(5) of
IBC. It is also argued that Section 32A of IBC which has been introduced by
the Amendment ... Manish Kumar " (Supra) the other Section, constitutional validity of which
was challenged is Section 32A of IBC. Section 32A reads as under:
"Section
extension of benefit of Section 32A to the SRA
(Appellant herein). Section 32A also applies to action taken prior to
initiation of CIRP. Even through ... conditions as mentioned in
Section 32A being fulfilled. It is submitted that Explanation to Section
32A(2) removes all doubt about what the assets
extension of benefit of Section 32A to the SRA
(Appellant herein). Section 32A also applies to action taken prior to
initiation of CIRP. Even through ... conditions as mentioned in
Section 32A being fulfilled. It is submitted that Explanation to Section
32A(2) removes all doubt about what the assets
purpose and object of not only Section 31 , but also
Section 32A of the IBC, 2016, the NCLT had all powers
to direct ... benefit of Section 32-A, sub-
section (2) to the Resolution Applicant, who was entitled to protection under
Section 32A of the IBC
Solicitor General, the intent
manifest in Section 14 of the IBC is reinforced by the introduction of
Section 32A to the IBC in that ... against by virtue of Section 14 or Section 32A. He lastly submits that
Sections 81 and 101 of the IBC, in speaking of a moratorium
learned counsel appearing for the complainant, laid much stress on Section
32A of the IBC, which states that every person who was a ‘designated partner ... corporate debtor’s liability
has ceased under the provision of Section 32A of the IBC.
24. In such circumstances , referred to above , the learned counsel
