Jurisdiction of the NCLT/NCLAT over Contractual Disputes | Interpretation of Section 60(5)(c) of IBC – Gujarat Urja Vikas Nigam Limited Vs. Mr. Amit Gupta & Ors. – Supreme Court
This judgment covers: A. Interpretation Rule for the provisions of the IBC. B. Jurisdiction of the NCLT/NCLAT over contractual disputes. C. Residuary jurisdiction of the NCLT under section 60(5)(c): “arising out of” and “in relation to”. D.1 Position of ipso facto clauses in international and multilateral organizations. D.2 Position of ipso facto clauses in India. E. Going concern concept under IBC. F. NCLT would have been empowered to set aside the termination of the PPA. G. Others: Interpretation of a ‘word’ in the statue. H. Conclusion