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2018 (8) TMI 1869 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIWhether a counter claim can proceed during the period of Moratorium while the Adjudicating Authority (National Company Law Tribunal) allowed the Corporate Debtor to pursue the claim before the Arbitral Tribunal? - HELD THAT:- As the claim of the Corporate Debtor can be determined only after determination of counter claim made by the Appellant in the same very arbitral proceeding and if counter claim or part of it is set off with the claim made by the Corporate Debtor, we are of the view that both the claim and the counter claim of parties should be heard together by the Arbitral Tribunal in absence of any bar under Insolvency and Bankruptcy Code, 2016. On determination, if it is found that the Corporate Debtor is liable to pay certain amount, in such case, no recovery can be made during the period of moratorium. Appeal disposed off.
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