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2020 (10) TMI 6 - Tri - Insolvency and BankruptcyDirection to the State Goods and Services Tax Department to accept physical filing of returns after the commencement of CIRP - HELD THAT:- The Resolution Professional is directed to complete the physical filing of the returns of GST relating to the period after the commencement of CIRP within three weeks. In respect of the claim prior to period of commencement of CIRP, the State GST may consider following the provisions of IBC, 2016 and filing their claim with the Resolution Professional in accordance with law - Application disposed off. Validity of arbitration proceedings - NCLT stated that given the moratorium that is imposed, no arbitration proceedings could go on - HELD THAT:- The mandate of the new Insolvency Code is that the moment an insolvency petition is admitted, the moratorium that comes into effect under Section 14(1) (a) expressly interdicts institution or continuation of pending suits or proceedings against Corporate Debtors - This being the case, we are surprised that an arbitration proceeding has been purported to be started after the imposition of the said moratorium and appeals under Section 37 of the Arbitration Act are being entertained. Therefore, we set aside the order of the District Judge dated 06.07.2017 and further state that the effect of Section 14(1) (a) is that the arbitration that has been instituted after the aforesaid moratorium is non est in law. The steps that have to be taken under the Insolvency Code will continue unimpeded by any order of any other Court - Appeal allowed.
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