Even if bar under Section 33(5) of the Code is there, it is not appropriate for the Adjudicating Authority to quash the concerned suit which is filed in the Civil Court, it would be for the Liquidator to move the concerned Civil Court pointing out the provision of IBC or to move the District Court in the hierarchy for quashing of the Suit concerned – E.C. John Vs. Jitender Kumar Jain & Ors. – NCLAT New Delhi

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