https://www.taxtmi.com/caselaws?id=421546 A pending but unadmitted Section 7 insolvency petition does not, by itself, bar a court from entertaining a Section 11 application to appoint an arbitral tribunal. The Bombay High Court applied the pre-admission versus post-admission distinction in Indus Biotech and held that mere filing of a Section 7 petition does not make the matter a proceeding in rem. That character arises only on admission under Section 7(5), when the insolvency process acquires erga omnes effect and Section 238 of the Insolvency and Bankruptcy Code may override other laws. The absence of a Section 8 application before the NCLT did not affect maintainability of the Section 11 request. en-us Mon, 25 Apr 2022 00:00:00 +0530 Wed, 27 Apr 2022 08:30:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421546 A pending but unadmitted Section 7 insolvency petition does not, by itself, bar a court from entertaining a Section 11 application to appoint an arbitral tribunal. The Bombay High Court applied the pre-admission versus post-admission distinction in Indus Biotech and held that mere filing of a Section 7 petition does not make the matter a proceeding in rem. That character arises only on admission under Section 7(5), when the insolvency process acquires erga omnes effect and Section 238 of the Insolvency and Bankruptcy Code may override other laws. The absence of a Section 8 application before the NCLT did not affect maintainability of the Section 11 request. Case-Laws Insolvency and Bankruptcy Mon, 25 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421546