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A Bench comprising of
Navin Sinha and
KM Joseph observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code.
Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered, the bench headed by Justice RF Nariman observed in the judgment titled P Mohanraj & Ors. v. M/s Shah Brothers Ispat Ltd.
Srinagar: In compliance of the order issued by High Court of J&K, the physical hearing of the cases has been kept in abeyance for the time being and the hearing of the cases in the district and subordinate courts shall be conducted through virtual mode till 18 April, 2021.
However, as per an official statement liberty has been granted to learned counsel for both the parties for taking up their respective matter through physical mode subject to their consent.
It was given out that on the written consent for physical appearance, (with case details, the name of the court in which case is pending and CNR number of the case) the Presiding officer of the concerned court taking into consideration the urgency involved, apart from virtual hearing, may, where the learned counsel for the parties/parties in person involved give their consent to appear for physical hearing, permit physical hearing in Criminal trials where accused is/are in custody, Matrimonial Cases, Cases under Section 138
High Court, J&K puts physical hearing of cases in abeyance for time being
Hearing to be conducted through virtual mode till 18 April
SRINAGAR: In compliance of the order issued by High Court of J&K, the physical hearing of the cases has been kept in abeyance for the time being and the hearing of the cases in the district and subordinate courts shall be conducted through virtual mode till 18 April, 2021.
However, as per an official statement liberty has been granted to learned counsel for both the parties for taking up their respective matter through physical mode subject to their consent.