upto 24 months
can be granted under Section 53 of the IBC. Relying on provisions of
Section 63 of the IBC, he submits that ... IBC cannot be read in manner so as to defeat the provisions
of Section 33(5) of the IBC. If Sections 63
Court gets
stayed as per Section 14 , it will make provisions of IBC meaningless.
16 Section 63 of IBC bars jurisdiction of Civil Courts ... must necessarily suggest and lead to the construction that Section
63 and Section 64 of IBC cannot apply to Saved Petitions.
(IV) Section
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
under Section 60 IBC
with the jurisdiction to entertain any proceeding in relation to
insolvency resolution or liquidation proceedings under IBC. An
appeal lies against ... Supreme Court under Section 62. The jurisdiction of civil courts
has been explicitly ousted by Section 63 IBC."
Apart from the above, the Learned
respondent in the manner provided under
Section 32 read with Section 61(3) of the IBC. Further,
Section 63 of the IBC makes it abundantly ... have passed the award in view of Section 63
read with Section 238 of the IBC. Therefore, learned senior
counsel would submit that the award
Solitaire Marine And Offshore Pvt. Ltd vs M.V.Pristine Gv (Imo No. 9118422) And
IBC,
despite a categorical bar to that effect under Section 63 of the IBC, the
Signature Not Verified
Digitally Signed By:NEETI
KUMARI SHARMA ... have expressly been barred
under the IBC by virtue of Section 63 of the IBC. The IBC being a complete
Code, the legislature has consciously
jurisdiction, may now be
considered.
VI. OUSTER PROVISIONS UNDER THE IBC
32. Sections 63 and 231 of the IBC are almost similarly worded, classical
ouster ... Sections 65, 75, and Section 60(5)(c) of the IBC, need to be analysed
to determine whether the bar of Sections 63
Mbl Infrastructures Limited vs Delhi Metro Rail Corporation on 12 December, 2023
Author: Chandra Dhari
filed an application (CP
(IB) No.4/2024) under Section 7 of IBC against the Principal
Borrower. Subsequently, on 20.09.2023, the SBI initiated
proceedings under ... barred
under Section 34 of the SARFAESI Act, Section 18 of the RDB Act,
and Section 63 of the IBC was not pleaded
