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Eligibility for notification exemption on imported fertilizers challenged; penalty, interest and confiscation set aside after voluntary payment and no...
Section 33(5) of the IBC does not bar a liquidator from defending suits instituted before the liquidation order; consequently pending suits instituted prior to liquidation remain triable by civil courts. The liquidator may be impleaded to defend or prosecute such proceedings, and the trial court erred in refusing impleadment and in holding the suit non maintainable. The bar in Section 63 is inapplicable to recovery of unpaid wages brought before a civil court where NCLT/NCLAT lack jurisdiction. Priority under Section 53 gives 24 month workmen's dues precedence but does not extinguish claims beyond that period nor strip civil courts of jurisdiction to adjudicate them.
Section 33(5) of the IBC does not bar a liquidator from defending suits instituted before the liquidation order; consequently pending suits instituted prior to liquidation remain triable by civil courts. The liquidator may be impleaded to defend or prosecute such proceedings, and the trial court erred in refusing impleadment and in holding the suit non maintainable. The bar in Section 63 is inapplicable to recovery of unpaid wages brought before a civil court where NCLT/NCLAT lack jurisdiction. Priority under Section 53 gives 24 month workmen's dues precedence but does not extinguish claims beyond that period nor strip civil courts of jurisdiction to adjudicate them.
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