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Whilst Section 138 specials with penalties for cheque dishonour on account of an absence of funds in the accounts, Part 139 establishes a presumption that the holder on the cheque has been given the cheque in complete or partly to discharge a credit card debt or other obligations. 

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An buy of moratorium issued through the NCLT would apply equally to steps introduced by the company debtor by itself beneath Chapter XVII, Section 138 in the Act. Once the 330-day moratorium period expires, the proceedings may well resume. 

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“The legal liability and the fines are built over the basic principle of not honouring a negotiable instrument, which influences trade. This can be aside from the theory of financial legal responsibility for each se.

To provide for summary trial with the instances beneath the Act which has a check out to dashing up disposal of cases.

The court docket identified that, depending on sub-section 3(a), these types of “proceedings” referred to “transactions” entered into by the corporate debtor previous to the moratorium’s installation. The phrase “transaction” is described in Section 3(33), plus the court established which the phrase had an extremely wide indicating and encompassed transactions indicating a personal debt or liability following analysing it. According to this interpretation, the phrase “proceedings” refers to all or any “transactions” demonstrating a credit card debt or duty incurred by the company debtor preceding towards the set up in the moratorium. 

Should really this kind of direction to pay/deposit interim remuneration be issued to the company debtor’s administrators/folks in administration and Management, it is probably going to induce a pandora’s box of litigation.

Since we’ve grasped the Act’s intent, Enable’s look at the Insolvency and Personal bankruptcy Code, 2016 (‘Code’) to see what it aims to accomplish, and that is to maintain “the corporate debtor’s assets collectively in the insolvency resolution method and facilitating orderly completion on the procedures envisaged during the insolvency resolution method and guaranteeing” that “the company debtor’s property are saved together through the insolvency resolution approach and guaranteeing” that to obtain this goal, the Code consists of Area 14, which makes it possible for the authority, the Nationwide Corporation Legislation Tribunal, to impose a moratorium making sure that the company debtor’s property are certainly not depleted in the insolvency resolution system and that it's retained afloat for a heading problem for the duration of the method, maximising the value for all stakeholders. 

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Provided the breadth from the time period “proceedings,” as Earlier set up, the court docket decided that it was unachievable to agree that it ought to be limited to civil litigation only. 

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