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DELHI HIGH COURT
AMIT BANSAL
Elecon Engineering Company Limited – Appellant
Versus
Energo Engineering Projects Limited – Respondent
| Table of Content |
|---|
| 1. commencement of liquidation proceedings affects suit (Para 1 , 2 , 3 , 4) |
| 2. contention on continuation of suit despite liquidation (Para 5 , 6) |
| 3. liquidator's argument on jurisdiction and moratorium (Para 7 , 8) |
| 4. court's reliance on statutory interpretation principles (Para 9 , 10) |
| 5. distinction between sections 14 and 33(5) of ibc (Para 12 , 13 , 14 , 15 , 16) |
| 6. impact of sections 63 and 231 on suit continuity (Para 18 , 19) |
| 7. legislative intent noted in insolvency law committee report (Para 21 , 22 , 24) |
| 8. judicial interpretation cannot add missing statute language (Para 27) |
| 9. nclat's previous ruling context (Para 28) |
| 10. proceedings allowed to continue, ruling on claims (Para 29 , 30 , 31) |
JUDGMENT
1. The issue which arises for consideration in the present suit is whether upon commencement of liquidation proceedings against the defendant no.1 company under the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) and Liquidator being appointed, the present suit can proceed or not. The said issue was noted in the order dated 17th October, 2019 passed by this Court. Written submissions have been filed on behalf of the plaintiff as well as the defendant n
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