Back
NIKHIL S. KARIEL
Sterling Sez And Infrastructure Limited – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(NIKHIL S. KARIEL, J.)
1. Heard learned Senior Advocate Mr. SN Soparkar with learned Advocate Mr. Aditya Mehta on behalf of the petitioner, learned Government Pleader Mr. Gurusharansingh H. Virk with learned Assistant Government Pleader Mr. J.K. Shah and learned Assistant Government Pleader Ms. Dharitri Pancholi on behalf of respondent- State.
2. Considering the issue on hand and with consent of parties final hearing of the petition is being undertaken.
3. The issue in question raised in the present petition being that whether the State through the Mamlatdar and Agriculture Land Tribunal(ALT), Jambusar, District: Bharuch was empowered to initiate proceedings against land belonging to the company under liquidation for breach of Section 63A (1), 63(A)(B), and 63(G) of the Gujarat Tenancy and Agricultural Lands Act (hereinafter referred to as ‘the Tenancy Act’ for short) more particularly in view of the moratorium bar of proceedings under Section 33(5) of the Insolvency and Bankruptcy Code, 2016. (hereinafter referred to as ‘the I & B Code’ for short).
4. Considering the submissions made by learned Senior Advocate Mr. Soparkar and learned Government Pleader Mr. Virk since it
The moratorium under Section 33(5) of the IBC prohibits legal proceedings against a corporate debtor during liquidation, and any notices issued by the State for breach of the Tenancy Act are invalid ....
The lease agreement, license agreement, and the allotment letter should be read as coterminous contracts. The termination of the license agreement and lease deed was found to be in accordance with th....
The court ruled that the moratorium under Section 33(5) of the IBC does not apply to pending suits, thereby allowing them to proceed despite liquidation proceedings.
The provisions of the IBC have an overriding effect over other laws, including the MMVT Act, and that the claims against a corporate debtor in liquidation must be submitted to and decided by the Reso....
The main legal principle established in the judgment is that the Insolvency and Bankruptcy Code (IBC) prevails over the Customs Act, limiting the authority of the respondent to only assess and determ....
Interim moratorium under IBC Section 96 does not bar SARFAESI sale certificate or possession if auction notice published, auction held, and sale confirmed before Section 94 filing, as guarantor's rig....
It is now well-settled principles of law that non-mentioning or wrong mentioning of a provision of law does not invalidate an order in the event it is found that a power therefore exists
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
