Section 60 of IBC – Insolvency and Bankruptcy Code, 2016 : Adjudicating Authority for corporate persons

The Insolvency and Bankruptcy Code, 2016 Part-II Insolvency Resolution and Liquidation for Corporate Persons Chapter-VI Adjudicating Authority for Corporate Persons […]

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The Insolvency and Bankruptcy Code, 2016

Part-II Insolvency Resolution and Liquidation for Corporate Persons

Chapter-VI Adjudicating Authority for Corporate Persons

Section 60: Adjudicating Authority for corporate persons.

*60. (1) The Adjudicating Authority, in relation to insolvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors thereof shall be the National Company Law Tribunal having territorial jurisdiction over the place where the registered office of the corporate persons located.

(2) Without prejudice to sub-section (1) and notwithstanding anything to the contrary contained in this Code, where a corporate insolvency resolution process or liquidation proceeding of a corporate debtor is pending before a National Company Law Tribunal, an application relating to the insolvency resolution or 1[liquidation or bankruptcy of a corporate guarantor or personal guarantor, as the case may be, of such corporate debtor] shall be filed before such National Company Law Tribunal.

(3) An insolvency resolution process or 2[liquidation or bankruptcy proceeding of a corporate guarantor or personal guarantor, as the case may be, of the corporate debtor] pending in any court or tribunal shall stand transferred to the Adjudicating Authority dealing with insolvency resolution process or liquidation proceeding of such corporate debtor.

(4) The National Company Law Tribunal shall be vested with all the powers of the Debt Recovery Tribunal as contemplated under Part III of this Code for the purpose of sub-section (2).

(5) Notwithstanding anything to the contrary contained in any other law for the time being in force, the National Company Law Tribunal shall have jurisdictionJ1 to entertain or dispose of—

(a) any application or proceeding by or against the corporate debtor or corporate person;

(b) any claim made by or against the corporate debtor or corporate person, including claims by or against any of its subsidiaries situated in India; and

(c) any question of priorities or any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under this Code.

(6) Notwithstanding anything contained in the Limitation Act, 1963 or in any other law for the time being in force, in computing the period of limitation specified for any suit or application by or against a corporate debtor for which an order of moratorium has been made under this Part, the period during which such moratorium is in place shall be excluded.


Reference

*Effective from 01.12.2016.

1. Subs. by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, w.e.f. 06.06.2018, for the words “bankruptcy of a personal guarantor of such corporate debtor”.

2. Subs. by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, w.e.f. 06.06.2018, for the words “bankruptcy proceeding of a personal guarantor of the corporate debtor”.


Judicial Pronouncements:

J1. For interpretation of jurisdiction of Adjudicating Authority (NCLT), refer: Arcelormittal India Pvt. Ltd. Vs. Satish Kumar Gupta and Ors. [2018] ibclaw.in 31 SC, (p81), Vijay Kumar Jain v. Standard Chartered Bank and Ors. (2019) ibclaw.in 24 SC, Embassy Property Developments Pvt. Ltd. v. State of Karnataka & Ors. (2020) ibclaw.in 12 SC, Gujarat Urja Vikas Nigam Ltd. v. Mr. Amit Gupta & Ors. (2021) ibclaw.in 44 SC, Kalpraj Dharamshi & Anr. v. Kotak Investment Advisors Ltd. & Anr. (2021) ibclaw.in 40 SC, Alok Kaushik v. Mrs. Bhuvaneshwari Ramanathan and Ors. (2021) ibclaw.in 90 SC, Ebix Singapore Pvt. Ltd. v. CoC of Educomp Solutions Ltd. and Anr. (2021) ibclaw.in 153 SC, Tata Consultancy Services Ltd. v. Vishal Ghisulal Jain (2021) ibclaw.in 167 SC



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