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CIRP - Moratorium is in force - Seeking constitution of an ...


CIRP Moratorium Halts Arbitral Tribunal Formation; Petitioner May Proceed Post-NCLT Decision and Moratorium Conclusion.

February 10, 2023

Case Laws     Insolvency and Bankruptcy     HC

CIRP - Moratorium is in force - Seeking constitution of an arbitral tribunal - the constitution of an arbitral tribunal, at this juncture, would be premature - After the moratorium ends, in case the petitioner were to succeed in the defence before the NCLT and the NCLT concludes that the petitioner did not guarantee the relevant debts, it would be open to the petitioner to initiate proceedings for the constitution of an arbitral tribunal to adjudicate the dispute - HC

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