meanwhile, proceedings under Section 95
of Insolvency and Bankruptcy Code, 2016 (for short,
6
'IBC') was initiated against the petitioner before
National Company ... 2023
challenging the NCLT proceedings initiated by the
petitioner under Section 95 of IBC. In the said
proceedings, stay of the arbitration proceedings was
granted
THAT FILING OF
THE PETITION BY THE 1ST RESPONDENT UNDER SECTION 95
OF THE IBC (INSOLVENCY AND BANKRUPTCY CODE OF INDIA)
DATED 26.7.2024 BEFORE ... THAT FILING OF
THE PETITION BY THE 1ST RESPONDENT UNDER SECTION 95
OF THE IBC (INSOLVENCY AND BANKRUPTCY CODE OF INDIA)
DATED 26.7.2024 BEFORE
report, to decide the
fate of applications under Section 94 or 95 IBC."
(para 73)
5.4.4 It was further illustrated thus,
"The true ... contention was canvassed in Dilip B Jiwrajka (supra)
that sub-section (2) of Section 95 indicated that an application
under sub-section
adjudication is involved at the stages
envisages in Section 95 to Section 99 of the IBC;
ii..........
iii.........
iv.........
v..........
vi. No judicial determination takes
DECLARATION THAT CP(IB) NO.94/BB/2022
FILED UNDER SECTION 7 OF IBC BEFORE THE NCLT,
BANGALORE WAS NOT MAINTAINABLE FOR WANT OF
JURISDICTION ... ALREADY
FILED CP(IB) NO.92/BB/2022 UNDER SECTION 95 OF THE IBC
AND AS THE MATTER IS SEIZED
THAT CP(IB) NO.94/BB/2022 FILED UNDER
SECTION 7 OF IBC BEFORE THE NCLT, BANGALORE IS NOT
MAINTAINABLE FOR WANT OF JURISDICTION BECAUSE ... ALREADY FILED CP(IB) NO.92/BB/2022 UNDER
SECTION 95 OF THE IBC AGAINST THE PETITIONER AND AS THE
MATTER IS SEIZED
Poorna Prajna House Building vs The State Of Karnataka on 5 June, 2025
Author: R
Dr. D. Narayanaswamy vs The State Of Karnataka on 5 June, 2025
Author: R Devdas
Almighty Builders And Developers vs State Of Karnataka on 5 June, 2025
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G J Vijayakumar vs State Of Karnataka on 5 June, 2025
Author: R Devdas
Bench
