Suit filed by Plaintiff during existence of Moratorium is barred ...

Court Rejects Plaintiff's Suit Filed During Moratorium; Legal Bar Assessed Solely on Plaint's Averments.

December 6, 2019

Case Laws Insolvency and Bankruptcy HC

Suit filed by Plaintiff during existence of Moratorium is barred by law. No doubt only plaint averments are required to be seen to find out whether suit appears to be barred by any law. However when the law itself prohibits the institution of the suit which has not been disclosed in the plaint and suppressed. The Court can still reject the plaint on the basis of the bar contained in the law

View Source

← Previous Next →

Suit filed by Plaintiff during existence of Moratorium is barred ...

Court Rejects Plaintiff's Suit Filed During Moratorium; Legal Bar Assessed Solely on Plaint's Averments.

December 6, 2019

Case Laws Insolvency and Bankruptcy HC

You may also like:

Dishonor of Cheque - Plaint was filed that Cheque was issued as security and misused by the defendant - Jurisdiction of Revisional Court in rejecting the plaint - In the...

HC dismissed the appeal, rejecting the plaintiff's plaint for permanent injunction. The court found critical deficiencies in the plaintiff's legal standing, specifically...

HC held that the civil suit concerning oppression and mismanagement is not maintainable. Section 430 of the Companies Act, 2013 explicitly bars civil court's...

Suit dismissed. Plaintiff company's suit seeking possession and permanent injunction rejected. HC granted permanent injunction against plaintiff barring reliance on sale...

The plaintiff sought a mandatory injunction for possession of the suit property and a permanent injunction restraining the defendants from dispossessing or interfering...

The application sought amendment of the plaint to implead a new defendant, which was contested on grounds of the bar u/s 14 of the Insolvency and Bankruptcy Code (IBC)...

The High Court held that u/s 14(1) of the Insolvency and Bankruptcy Code (IBC), while a moratorium prohibits institution or continuation of suits against the corporate...

Suit decreed partially for recovery, doctrine of lis pendens applied. Agreement dated 17.08.1990 not found fraudulent or result of collusion between plaintiff and...

Bar of suits in civil courts - Section 293 makes an absolute bar to suit filed in Civil Courts with regard to any proceedings held under the Income Tax Act - d the court...

Plaintiff contended defendants have no real prospect of successfully defending suit claim. Court held limitation issue raised by defendants requires further examination...

Seeking exemption from pre-litigation mediation, as required by Section 12-A of the Commercial Courts Act, 2015 - Proceedings u/s 138 of the Negotiable Instruments Act,...

The Calcutta High Court considered the applicability of a moratorium order from the U.S. Bankruptcy Court in India, focusing on principles of Comity of Nations and...

SC upheld the jurisdictional bar under Section 69(1) of the Indian Partnership Act, 1932, rendering the suit by partners of an unregistered partnership firm for money...

The ‘power to grant ‘permission to withdraw’ a ‘suit’ with ‘Liberty to file a fresh suit’, is to be used very cautiously. Also that ‘withdrawal of a suit’, as...

The Supreme Court examined the validity of an Agreement to Sell for land, where the plaintiff entered into the agreement with a Power of Attorney holder for the...

Quick Updates: