TMI Blog2020 (2) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... t a corporate entity. Section 231 of the Code of 2016 also prescribes a bar on the Civil Courts to assume jurisdiction in respect of any matter in which, the Adjudicating Authority or the Board is empowered by or under the Code of 2016 to pass any order - In view of the provisions of Sections 63 and 231 of the Code of 2016, the instant suit is barred by law. Suit dismissed. - G.A. No. 67 of 2019 C.S. No. 219 of 2018 G.A. No. 866 of 2019 - - - Dated:- 9-1-2020 - Debangsu Basak, J. For the Defendant , Petitioners: Ms. Anshumala Bansal, Advocate Ms. Uditi Chopra, Advocate ORDER Debangsu Basak, J. This is an application at the behest of the defendant nos.5 to 8 in the suit. Such defendants seek dismissal of the suit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a director and a shareholder of the defendant no.9. The plaintiff alleges that, the plaintiff obtained credit facilities from the State Bank of India. The plaint contains grievances of the plaintiff against the defendant nos.5 to 8 in their functioning as insolvency professional appointed by the National Company Law Tribunal. The plaintiff seeks declaration and injunction as also damages. The plaintiff seeks a declaration that, the bank was negligent in protecting the interest of the plaintiff. The negligence of the Bank is in relation to the insolvency proceeding. The plaintiff also seeks a declaration that, advertisements issued by the insolvency professional damaged the business opportunities of the plaintiff and, therefore, the defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction No civil court shall have jurisdiction in respect of any matter in which the Adjudicating Authority or the Board is empowered by, or under, this Code to pass any order and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any order passed by such Adjudicating Authority under this Code. The Code of 2016 is divided into five parts. Section 63 comes under Part-2 Chapter-VI prescribing Adjudicating Authority for corporate persons. Part-2 of the Code of 2016 deals with the insolvency resolution and liquidation for corporate persons. Section 231 is in Part- 5 dealing with the miscellaneous provisions. Section 63 of the Code of 2016 bars Courts from hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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