IBC 179 — Adjudicating authority for individuals and partnership firms

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Subject to the provisions of section 60, the Adjudicating Authority, in relation to insolvency matters of individuals and firms shall be  the  Debt  Recovery  Tribunal  having  territorial jurisdiction over  the  place  where  the  individual  debtor

actually and  voluntarily resides or carries on business or personally works  for gain and  can entertain an application under this Code regarding such person.
(2)  The  Debt  Recovery  Tribunal  shall,  notwithstanding  anything  contained  in  any  other  law  for  the time being in force, have jurisdiction to entertain or dispose of—
(a) any suit or proceeding by or against the individual debtor;
(b) any claim made by or against the individual debtor;
(c)  any  question  of  priorities  or  any  other  question  whether  of  law  or  facts,  arising  out  of  or  in relation to insolvency and bankruptcy of the individual debtor or firm under this Code.
(3) Notwithstanding anything contained in the Limitation Act, 1963 (14 of 1963) or in any other law for the  time  being in force, in computing the  period of limitation specified for any suit or application in the name and on behalf of a debtor for which an order of moratorium has been made under this Part, the period during which such moratorium is in place shall be excluded.

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