IBC 168 — Obligation under contracts

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  This  section  shall  apply  where  a  contract  has  been  entered into by the bankrupt with a person before the bankruptcy commencement date.
(2)  Any  party  to  a  contract,  other  than  the  bankrupt  under  sub-section  (1),  may  apply  to  the Adjudicating Authority for—
(a) an order discharging the obligations of the applicant or the bankrupt under the contract; and (b)  payment  of  damages  by  the  party  or  the  bankrupt,  for  non-performance  of  the  contract  or otherwise.
(3)  Any  damages  payable  by  the  bankrupt  by  virtue  of  an  order  under  clause  (b)  of  sub-section  (2) shall be provable as bankruptcy debt.
(4)  When  a  bankrupt  is  a  party  to  the  contract  under  this  section  jointly  with  another person,  that person may sue or be sued in respect of the contract without joinder of the bankrupt.

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