2017 (12) TMI 1107

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....solvency & Bankruptcy<br>MR. ROHINTON FALI NARIMAN AND MR. SANJAY KISHAN KAUL, JJ. For The Petitioner : Mr. Sidhartha Luthra, Sr. Adv. Mr. Abhirup Das Gupta, Adv. Ms. Swati Sharma, Adv. Manmayi Sharma, Adv.Mr. Rahul Pratap, AOR For The Respondent : Mr. Jayant Bhushan, Sr. Adv. Ashu Kansal, Adv. Anushree Prashit Kapadia, AOR And Suvidutt M.S., AOR ORDER 1) Leave granted. 2) Heard the....

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....ondent No.1 to Respondent No.2 invoking the arbitration clause between the parties and Shri Pankaj Garg, an Advocate, was appointed as Sole Arbitrator. Shri Garg entered upon the reference. In an other order dated 31.05.2017, the National Company Law Tribunal, Principal Bench, New Delhi referred to Section 14 (1)(a) of the Insolvency Code and stated that given the moratorium that is imposed, no ar....

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....ted after the imposition of the said moratorium and appeals under Section 37 of the Arbitration Act are being entertained. Therefore, we set aside the order of the District Judge dated 06.07.2017 and further state that the effect of Section 14(1)(a) is that the arbitration that has been instituted after the aforesaid moratorium is non est in law. 7) Mr. Jayant Bhushan, learned Senior Counsel, a....