Sec. 9 of IBC occupies different field than Sec. 16G(1) of the Tea Act, 1953- A.J. Agrochem Vs. Duncans Industries Ltd.-NCLAT
For filing an application under Section 9 against Tea Company under the management of the different board, no permission of the Central Government is required in terms of Section 16G(1) of the Tea Act, 1953. The Adjudicating Authority have erred in noting the aforesaid fact. We have no other option but to set aside the order. So far as the question of limitation is concerned, as that was not raised before the Adjudicating Authority, we are not deciding this issue as it is a mixed question of facts and law.
