IBC, 2016 Vs. Arbitration and Conciliation Act, 1996

Indus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) FACTUAL BACKGROUND In the present case, the Indus Biotech Pvt. Ltd. (Corporate Debtor) has filed a Interlocutory application under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act, 1996) where in the underlying Insolvency petition was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) by Kotak India Venture Fund (Financial Creditor) seeking Corporate Insolvency Resolution Process. The Financial Creditor and the Corporate Debtor entered into share sub...