This order addresses a petition for arbitrator appointment. The court held the petition non-maintainable due to the Insolvency moratorium and allowed a fresh filing post-NCLT proceedings.
Petition disposed of with liberty to file a fresh petition after NCLT proceedings conclude.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HARSHA ELECTRICALS ..... Petitioner Through: Mr.Pradeep Desodya, Adv. versus
FEDDERS ELECTRIC AND ENGINEERING LIMITED
..... Respondent Through: Mr.Saad Shervani & Mr.Ytharth Kumar for IRP of the respondent.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
O R D E R
proceedings before the National Company Law Tribunal have concluded.
REKHA PALLI, J
FEBRUARY 03, 2020 gm
1 issue framed by the court
Whether a petition for appointment of an arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 is maintainable during the moratorium period under Section 14 of the Insolvency an
2 provisions across 2 enactments
Harsha Electicals
Fedders Electric and Engineering Limited
Rekha Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
