MORATORIUM UNDER IBC: ISSUES AND CHALLENGES
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Abstract
The Insolvency law in India is a new and developing law. Though, there were laws or provisions before enactment of new Insolvency and Bankruptcy Code. To overcome the flaws in old legislations this Code was enacted. Moratorium is an important aspect under this law as it is a part of the procedural provisions of the code and also affects the final judgment or order of the Adjudicating Authority while adjudicating Insolvency Proceedings. As Moratorium is the stage which prevents all the judicial or other enforcement proceedings. Hence, it created a huge number of disputes. As it is a new or developing law, the disputes related to moratorium arising under this code can only be resolved by judicial interference or interpretation. The courts have given various judicial interpretations in relation with the various aspects of these provisions. In this paper the provisions and the judicial interpretations related with Moratorium under new Insolvency law and old laws will be discussed.
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