https://www.taxtmi.com/caselaws?id=795792 Prior approval under the proviso to Section 33(5) of the Insolvency and Bankruptcy Code is required before a liquidator invokes arbitration for a corporate debtor. An arbitration request commences upon receipt by the respondent, so approval must precede invocation. Where approval is absent, the invocation is ineffective rather than void because Section 33(5) does not prescribe voidness. Post facto approval makes the invocation effective from the approval date, with subsequent arbitral procedure running from that date. This approach preserves potential estate recoveries while avoiding a fresh invocation and related limitation consequences. en-us Wed, 22 Jul 2026 00:00:00 +0530 Tue, 28 Jul 2026 08:30:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=795792 Prior approval under the proviso to Section 33(5) of the Insolvency and Bankruptcy Code is required before a liquidator invokes arbitration for a corporate debtor. An arbitration request commences upon receipt by the respondent, so approval must precede invocation. Where approval is absent, the invocation is ineffective rather than void because Section 33(5) does not prescribe voidness. Post facto approval makes the invocation effective from the approval date, with subsequent arbitral procedure running from that date. This approach preserves potential estate recoveries while avoiding a fresh invocation and related limitation consequences. Case-Laws IBC Wed, 22 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795792