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Q. Mr

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Anonymous

posted 7 months ago

Q.Mr
Dear Sir,
I just want to know if someone loose his case in Honable NCLT Court , can he file money suit in civil court even when NVLT orders against him

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Pavan kumar Gudipati

Experience: 1 Year(s)

Responded 4 months ago

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A. ) Sir/Madam
Companies Act,2013
u/s 430 - Civil Court Not to Have Jurisdiction Notified Date of Section : 01/06/2016

430. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal.

Same rules also applied if using IBC also

This section clearly bars for Civil court. You cannot file any money suit.

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Prodyut Banerjee

Experience: 12 Year(s)

Responded 7 months ago

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A. ) I presume you filed the case at NCLT under the Insolvency and Bankruptcy code 2016. In such case you are entitled to file money suit even if you have lost at nclt. Consult a good Corporate Lawyer.

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Shreyash Mohta

Experience: 2 Year(s)

Responded 7 months ago

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A. ) An appeal may be filed before the NCLAT.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 7 months ago

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A. ) Dear Sir,
It all depends upon facts of your case.

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Prashant Gupta

Experience: 12 Year(s)

Responded 7 months ago

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A. ) Appeal may file BEFORE NCLAT INSTEAD OF NCLT...

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Prashant Gupta

Experience: 12 Year(s)

Responded 7 months ago

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A. ) In case NCLT dismissed the petition of operational creditor.. Order can be challenged before NCLT... Or creditor may file recovery suit if it is not time barred...

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