Section 9 IBC Application Not A Suit, Hence Bar U/S 69(2) Of Partnership Act Not Attracted: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Rourkela Steel Syndicate v Metistech Fabricators Pvt. Ltd., has held that an application under Section 9 of IBC is not a suit and hence, the bar under Section 69(2) of...