NCLT/NCLAT under section 60(5) of the IBC:
(i) Section 60(5) must be interpreted in the context of Section ... respondent before the NCLT under Section 60(5) of the IBC. Section
60(5)(c) confers upon the NCLT complete jurisdiction to decide any
application
Section 60(2).
9. Section 60(2) begins with expression 'Without prejudice to sub-section
(1)' thus provision of Section 60 ... prejudice to Section 60(1)
and are supplemental to sub-section (1) of Section 60.
10. Sub- Section 1 of Section 60 provides that Adjudicating
Section 60(2).
9. Section 60(2) begins with expression 'Without prejudice to sub-section
(1)' thus provision of Section 60 ... prejudice to Section 60(1)
and are supplemental to sub-section (1) of Section 60.
10. Sub- Section 1 of Section 60 provides that Adjudicating
Section 60(2).
9. Section 60(2) begins with expression 'Without prejudice to sub-section
(1)' thus provision of Section 60 ... prejudice to Section 60(1)
and are supplemental to sub-section (1) of Section 60.
10. Sub- Section 1 of Section 60 provides that Adjudicating
Section 60(2).
9. Section 60(2) begins with expression 'Without prejudice to sub-section
(1)' thus provision of Section 60 ... prejudice to Section 60(1)
and are supplemental to sub-section (1) of Section 60.
10. Sub- Section 1 of Section 60 provides that Adjudicating
Section 60(2).
9. Section 60(2) begins with expression 'Without prejudice to sub-section
(1)' thus provision of Section 60 ... prejudice to Section 60(1)
and are supplemental to sub-section (1) of Section 60.
10. Sub- Section 1 of Section 60 provides that Adjudicating
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 ... speaks
about the jurisdiction of the NCLT. Clause (c) of sub-section (5)
of Section 60 is very broad in its sweep, in that
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 ... speaks
about the jurisdiction of the NCLT. Clause (c) of sub-section (5)
of Section 60 is very broad in its sweep, in that
section (5) of Section
60. Therefore the only reason why Subsection (4) is
incorporated in Section 60 is to ensure that NCLT will exercise ... From a combined reading of Subsection (4) and Sub
section (2) of Section 60 with Section 179, it is clear that none
of them
insolvency resolution of
the Corporate Debtor. Section 60(5)(c) provides thus:
“Section 60 - Adjudicating Authority for corporate persons
…..
(5) Notwithstanding anything to the contrary ... legislature to enact
Section 60(5)(c) of IBC. Section 60(5)(c) would be rendered
otiose if Section 14 is held to be exhaustive
