Insolvency proceedings does not prevent Corporate Debtor from filing an application under Section 11 of Arbitration and Conciliation Act, 1996 against another party – Godavari Projects (J.V) Vs. Union of India – Delhi High Court
Hon’ble Delhi High Court referred New Delhi Municipal Council v. Minosha India Ltd. (2022) ibclaw.in 31 SC and held that even assuming the petitioner JV is under insolvency, the same will not prevent it (corporate debtor) from filing an application under Section 11 of the A&C Act against another party, since the said proceedings are for the benefit of the corporate debtor.
