Section 60:
Adjudicating Authority for corporate persons.
(1) The Adjudicating Authority, in relation to
insolvency resolution and liquidation for corporate persons including corporate debtors and personal
guarantors thereof shall be the National Company Law Tribunal having territorial jurisdiction over the
place where the registered office of the corporate person is located.
(2) Without prejudice to sub-section (1) and notwithstanding anything to the contrary contained in
this Code, where a corporate insolvency resolution process or liquidation proceeding of a corporate debtor
is pending before a National Company Law Tribunal, an application relating to the insolvency resolution
or 1
[liquidation or bankruptcy of a corporate guarantor or personal guarantor, as the case may be, of such
corporate debtor] shall be filed before such National Company Law Tribunal.
(3) An insolvency resolution process or 2
[liquidation or bankruptcy proceeding of a corporate
guarantor or personal guarantor, as the case may be, of the corporate debtor] pending in any court or
tribunal shall stand transferred to the Adjudicating Authority dealing with insolvency resolution process
or liquidation proceeding of such corporate debtor.
(4) The National Company Law Tribunal shall be vested with all the powers of the Debt Recovery
Tribunal as contemplated under Part III of this Code for the purpose of sub-section (2).
(5) 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
(c) any question of priorities or any question of law or facts, arising out of or in relation to the
insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under
this Code.
(6) Notwithstanding anything contained in the Limitation Act, 1963 (36 of 1963) or in any other law
for the time being in force, in computing the period of limitation specified for any suit or application by or
against a corporate debtor for which an order of moratorium has been made under this Part, the period
during which such moratorium is in place shall be excluded.
Notes:
1Subs. by Act 26 of 2018, s. 29, for “bankruptcy of a personal guarantor of such corporate debtor” (w.e.f. 6-6-2018).
2 Subs. by s. 29, ibid., for “bankruptcy proceeding of a personal guarantor of the corporate debtor” (w.e.f. 6-6-2018).