Section 60(5) of IBC 2016 is a provision with a non-obstante clause: HC

Dyna Roof Private Ltd. And Anr. Vs Purshottam Gaggar and 4 Ors. (Gauhati High Court)

A further issue is raised is that the application made by the R1-RP before the NCLT was under section 60(5) of the IBC of 2016. Section 60(5) of the IBC of 2016 is extracted below:-

“Notwithstanding anything to the contrary contained in any other law for the time being in force, the National Company Law Tribunal shall have jurisdiction to entertain or dispose of-

(a) any application or proceeding by or against the corporate debtor or corporate person;

(b) any claim made by or against the corporate debtor or corporate person including claims by or against any of its subsidiaries situated in India; and

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