https://www.taxtmi.com/caselaws?id=304280 In liquidation under the Insolvency and Bankruptcy Code, the Court held that the Code prevails over inconsistent provisions of the Companies Act, 2013, and that section 33(5) bars fresh proceedings but does not require leave of the National Company Law Tribunal to continue pending arbitral proceedings. It further held that section 279 of the Companies Act applies to winding up under that Act, not liquidation under the Code. The Court also found that a section 9 application under the Arbitration and Conciliation Act, 1996 cannot be used to stay or suspend arbitral proceedings or bypass the statutory scheme governing tribunal jurisdiction and interim relief, so the request to halt the arbitration failed. en-us Thu, 15 Oct 2020 00:00:00 +0530 Sat, 17 Sep 2022 07:56:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304280 In liquidation under the Insolvency and Bankruptcy Code, the Court held that the Code prevails over inconsistent provisions of the Companies Act, 2013, and that section 33(5) bars fresh proceedings but does not require leave of the National Company Law Tribunal to continue pending arbitral proceedings. It further held that section 279 of the Companies Act applies to winding up under that Act, not liquidation under the Code. The Court also found that a section 9 application under the Arbitration and Conciliation Act, 1996 cannot be used to stay or suspend arbitral proceedings or bypass the statutory scheme governing tribunal jurisdiction and interim relief, so the request to halt the arbitration failed. Case-Laws Companies Law Thu, 15 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304280