TMI Blog2021 (2) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... form of the Insolvency and Bankruptcy Code, 2016 came to be enacted by the Parliament and the proceedings regarding insolvency Resolution / Recovery from the defaulting corporate debtor on its winding-up were to be taken up by the National Company Law Tribunal (NCLT), which was constituted under the provisions of Section 408 of the Companies Act, 2013. Section 408 of the Companies Act, 2013 stipulates that the NCLT shall exercise such powers and functions as may be conferred on it by the provisions of the Companies Act, 2013 or any other law for the time being in force. Under the provisions of IBC, 2016, the NCLT is designated and defined as the Adjudicating Authority and thus, has all the relevant powers to deal with these issues - I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h proceedings are pending before the NCLT as of now, whether this Court can refer the entire matter to the NCLT and direct it to decide all the questions of law involved in the present case and the questions of facts, including the respective rights of the secured creditors, leaving it open to the parties to raise their respective claims / counter-claims and defences before the NCLT at this stage or not? Put up on 09.02.2021 on the top of the Board, as prayed. - R/Letters Patent Appeal No. 2480 of 2010 In R/Special Civil Application No. 12979 of 2009 With R/Special Civil Application No. 11116 of 2008 With Civil Application (For Orders) No. 1 of 2010 In R/Special Civil Application No. 11116 of 2008 - - - Dated:- 4-2-2021 - Honoura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. A part of the sale consideration was converted into loan and the said purchaser M/s. Shree Industries Ltd. also defaulted and the said purchaser / borrower approached the BIFR / AAIFR under the provisions of the Sick Industrial Companies (Special Provisions) Repeal Act, 1985, as it then existed and while the proceedings were pending before the BIFR / AAIFR, a new law in the form of the Insolvency and Bankruptcy Code, 2016 (for short, the IBC, 2016 ) came to be enacted by the Parliament and the proceedings regarding insolvency Resolution / Recovery from the defaulting corporate debtor on its winding-up were to be taken up by the National Company Law Tribunal (NCLT), which was constituted under the provisions of Section 408 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al or reference or inquiry stands abated under this clause may make reference to the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016 within one hundred and eight days from the commencement of the Insolvency and Bankruptcy Code, 2016: Provided further that no fees shall be payable for making such reference under Insolvency and Bankruptcy Code, 2016 by a company whose appeal or reference or inquiry stands abated under the clause. 6. As per the aforesaid provision, it appears that the Company, whose reference was pending before the BIFR / AAIFR, could make a reference to the NCLT under the provisions of the IBC, 2016, within 180 days from the date of commencement of the IBC, 2016 , which is 28.05.2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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