IBC 60 — Adjudicating authority for corporate persons

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The Adjudicating Authority, in relation to insolvency  resolution  and  liquidation  for  corporate  persons  including  corporate  debtors  and  personal guarantors  thereof  shall  be  the  National  Company  Law  Tribunal  having  territorial  jurisdiction  over  the place where the registered office of the corporate person is located.
(2)  Without  prejudice  to  sub-section  (1)  and  notwithstanding  anything  to  the  contrary  contained  in this Code, where a corporate insolvency resolution process or liquidation proceeding of a corporate debtor is pending before a National Company Law Tribunal, an application relating to the insolvency resolution or

[liquidation or bankruptcy of a corporate guarantor or personal guarantor, as the case may be, of such corporate debtor] shall be filed before such National Company Law Tribunal.
(3)  An  insolvency  resolution  process  or

[liquidation  or  bankruptcy  proceeding  of  a  corporate guarantor  or  personal  guarantor,  as  the  case  may  be,  of  the  corporate  debtor] pending  in  any  court  or tribunal shall stand  transferred  to the  Adjudicating Authority dealing with insolvency resolution process or liquidation proceeding of such corporate debtor.
(4)  The  National  Company  Law  Tribunal  shall  be  vested  with  all  the  powers  of  the  Debt  Recovery Tribunal as contemplated under Part III of this Code for the purpose of sub-section (2).
(5) Notwithstanding anything to the  contrary contained in any other law for the time  being in force, the National Company Law Tribunal shall have jurisdiction to entertain or dispose of—
(a) any application or proceeding by or against the corporate debtor or corporate person;
(b) any claim made by or against the corporate debtor or corporate person, including claims by or against any of its subsidiaries situated in India; and (c)  any question  of  priorities  or  any  question  of  law or  facts,  arising  out  of  or  in  relation  to the insolvency  resolution  or  liquidation  proceedings  of  the  corporate  debtor  or  corporate  person  under this Code.
(6) Notwithstanding anything contained in the Limitation Act, 1963 (36 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 by or against  a  corporate  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.

Back to IBC