https://www.taxtmi.com/caselaws?id=291859 Disputes over enforcement of mortgage security created under Section 58(f) of the Transfer of Property Act, 1882 fall within the jurisdiction of the civil court, not the Tribunal. The Tribunal cannot determine or enforce rights and liabilities arising from the mortgage merely because the debt is raised in insolvency proceedings, and such relief is not maintainable under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 or Rule 11 of the NCLT Rules, 2016. The question whether the underlying liability is financial debt or operational debt was left to the main company petition. en-us Thu, 08 Aug 2019 00:00:00 +0530 Fri, 27 Nov 2020 09:15:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291859 Disputes over enforcement of mortgage security created under Section 58(f) of the Transfer of Property Act, 1882 fall within the jurisdiction of the civil court, not the Tribunal. The Tribunal cannot determine or enforce rights and liabilities arising from the mortgage merely because the debt is raised in insolvency proceedings, and such relief is not maintainable under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 or Rule 11 of the NCLT Rules, 2016. The question whether the underlying liability is financial debt or operational debt was left to the main company petition. Case-Laws Insolvency and Bankruptcy Thu, 08 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291859