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2020 (2) TMI 639

..... als not only with corporate entities but also with individuals. Therefore, Section 231 of the Code of 2016 takes into account a situation where the proceeding may be pending under the Code of 2016 against an individual also. Section 231 of the Code of 2016 is in Part-5 dealing with miscellaneous matters. Section 231 encompasses both a situation where there is an insolvency proceeding against a corporate entity as also against a person who is not 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 2 .....

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..... the State Bank of India. The fifth defendant is the Insolvency Resolution Professional appointed by the National Company Law Tribunal in the insolvency proceedings initiated against the defendant no.9. The sixth defendant is the legal entity to which the fifth defendant belongs. The seventh and eighth defendants are the partners of the sixth defendant. In the plaint, the plaintiff claims to be 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 decla .....

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..... of the Code of 2016 are as follows: 63. Civil court not to have jurisdiction No civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any matter on which National Company Law Tribunal or the National Company Law Appellate Tribunal has jurisdiction under this Code. Civil court not to have jurisdiction. 231. Bar of jurisdiction 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 20 .....

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