Act Number: 31

Act Name: The Insolvency and Bankruptcy Code, 2016.

Year: 2016

Enactment Date: 2016-05-28

Long Title: An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.

Ministry: Ministry of Corporate Affairs

Department:

Section 168: Obligations under contracts.
    (1) This section shall apply where a contract has been entered into by the bankrupt with a person before the bankruptcy commencement date.
     (2) Any party to a contract, other than the bankrupt under sub-section (1), may apply to the Adjudicating Authority for—
         (a) an order discharging the obligations of the applicant or the bankrupt under the contract; and
         (b) payment of damages by the party or the bankrupt, for non-performance of the contract or otherwise.
     (3) Any damages payable by the bankrupt by virtue of an order under clause (b) of sub-section (2) shall be provable as bankruptcy debt.
     (4) When a bankrupt is a party to the contract under this section jointly with another person, that person may sue or be sued in respect of the contract without joinder of the bankrupt.
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