Supreme Court of India
New Delhi Municipal Council v. Minosha India Limited
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that section 60(6) of the IBC does contemplate exclusion of the entire period during which the moratorium was in force in respect of corporate debtor in regard to a proceeding as contemplated therein at the hands of the corporate debtor.
Judgment, page 22
From the headnote
Insolvency and Bankruptcy Code, 2016 – Arbitration and conciliation Act, 1996 – Limitation Act, 1963 – Limitation Period – Insolvency – Appointment of Arbitrator – Freezing of limitation during the moratorium period – Appellant (NDMC) placed a purchase order with the Respondent (MIL) – Due to the failure on part of the Respondent to perform its obligation as per the existing agreement, NDMC terminated the agreement – On June 7, 2016, the Respondent (MIL) issued the notice for commencement of the arbitral proceeding as per the provisions provided under the & Act, 1996 – Before the commencement…
Authorities it was built on
- 1987 Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. Ors. and Vice Versa
- 1955 Tirath Singh v. Bachittar Singh and Others
- 2019 Bharat Broadband Network Limited v. United Telecoms Limited
- 2007 New India Assurance Company Ltd. v. Nusli Neville Wadia and Anr.
- 2002 Harbhajan Singh v. Press Council of India and Ors.
- 2008 Noharlal Verma v. District Co-operative Central Bank Limited, Jagdalpur
- 2014 Pooja Bhatia v. Vishnu Narain Shivpuri & Anr.
Where later benches applied it
Of those, 1 mentioned
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