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IBC - Highlights / Catch Notes

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

Insolvency and Bankruptcy

February 10, 2023

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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