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IBC - Highlights / Catch Notes

Home Highlights March 2021 Year 2021 This

The NCLT/NCLAT could have exercised jurisdiction under section ...

Insolvency and Bankruptcy

March 9, 2021

The NCLT/NCLAT could have exercised jurisdiction under section 60(5)(c) of the IBC to stay the termination of the PPA by the appellant, since the appellant sought to terminate the PPA under Article 9.2.1(e) only on account of the CIRP being initiated against the Corporate Debtor - The NCLT/NCLAT correctly stayed the termination of the PPA by the appellant, since allowing it to terminate the PPA would certainly result in the corporate death of the Corporate Debtor due to the PPA being its sole contract - SC

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