https://www.taxtmi.com/caselaws?id=415017 Section 60(5)(c) of the Insolvency and Bankruptcy Code is confined to disputes with a real nexus to the insolvency resolution process; an arbitration clause does not by itself exclude NCLT jurisdiction, but contractual claims founded on alleged breaches unrelated to insolvency commencement fall outside the residuary power. The Court also noted that interim restraint on termination of a contract is justified only where the agreement is central to the corporate debtor's survival and necessary to preserve the company as a going concern. On the facts, the facilities agreement lacked that insolvency-linked foundation, so the termination stay could not be sustained. en-us Tue, 23 Nov 2021 00:00:00 +0530 Tue, 27 Dec 2022 15:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415017 Section 60(5)(c) of the Insolvency and Bankruptcy Code is confined to disputes with a real nexus to the insolvency resolution process; an arbitration clause does not by itself exclude NCLT jurisdiction, but contractual claims founded on alleged breaches unrelated to insolvency commencement fall outside the residuary power. The Court also noted that interim restraint on termination of a contract is justified only where the agreement is central to the corporate debtor's survival and necessary to preserve the company as a going concern. On the facts, the facilities agreement lacked that insolvency-linked foundation, so the termination stay could not be sustained. Case-Laws Insolvency and Bankruptcy Tue, 23 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415017