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Case Name : Sesh Nath Singh Vs Baidyabati Sheoraphuli Co-Operative Bank Ltd. (Supreme Court)
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Sesh Nath Singh Vs Baidyabati Sheoraphuli Co-Operative Bank Ltd. (Supreme Court) An Adjudicating Authority under the IBC is not a substitute forum for a collection of debt in the sense it cannot reopen debts which are barred by law, or debts, recovery whereof have become time barred. The Adjudicating Authority does not resolve disputes, in the manner of suits, arbitrations and similar proceedings. However, the ultimate object of an application under Section 7 or 9 of the IBC is the realization of a ‘debt’ by invocation of the Insolvency Resolution Process. In any case, since the cause of a...
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