2020 (2) TMI 1701

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) No. 318 of 2020 - -<br>Insolvency & Bankruptcy<br>[Justice A.I.S. Cheema] Member (Judicial), (Justice A.B. Singh) Member (Judicial) And [Kanthi Narahari] Member (Technical) For the Appellant : Shri Sanjay Sharma and Ms. Anisha Mahajan, Advocates For the Respondent: Ms. Misha and Shri Siddhant Kant, Advocates ORDER Heard Counsel for Appellant. This Appeal has been filed against Impugn....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....BC - in short) to submit that it is the duty of the Liquidator to defend any Suit, prosecution or other legal proceedings and it is stated that the Appellant would not have claimed anything if it was a private individual but according to the Counsel, under law, the Liquidator is bound to defend the proceeding. The learned Counsel referred also to the liquidation Order dated 3rd April, 2019 (Annexu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d Counsel states that because of this, the Liquidator has taken a decision that he need not contest the said arbitration proceedings. 4. The learned Counsel for the Appellant in Rejoinder states that the concerned Agreement (Annexure A-3) shows that the said Agreement was between the Corporate Debtor and the Appellant. 5. We find that the duty cast on the Liquidator is to institute or defend....