01/09/2020

Whether spectrum can be subjected to proceedings under the Code? and other various questions should first be considered by the NCLT – Union of India Vs. Association of Unified Telecom Service Providers of India Etc. – SC

The following three questions arise for consideration:
(1) Whether spectrum can be subjected to proceedings under the Code?

(2) In the case of sharing, how the payment is to be made by the Telecom Service Provider (for short, ‘TSP’)? and

(3) In the case of trading, how the liability of the seller and buyer is to be determined?

Whether spectrum can be subjected to proceedings under the Code? and other various questions should first be considered by the NCLT – Union of India Vs. Association of Unified Telecom Service Providers of India Etc. – SC Read Post »

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

NCLAT held that a person coming on property to manage the school would require to show legal status so as to avoid Liquidator taking action when the property is in liquidation. In law, possession would require two elements – one, ‘corpus’ and the other is ‘animus’. Even if corpus is there, but animus to hold property by way of a confirmed right or title does not appear to be there. Merely being on property does not give title. The letter is not based on any resolution of Trust. The Appellant does not show that he is in possession as owner or tenant, or licensee as such. Only giving property to manage school at the place would not be sufficient for the Appellant, to claim possession, when the Corporate Debtor goes in liquidation. Even if bar under Sec. 33(5) 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.

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 Read Post »

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