In Brief
NDMC entered into a supply agreement with Minosha India Limited for ₹16.20 crore in 2015 but terminated it in 2016. Minosha invoked arbitration but NDMC resisted. Meanwhile, NDMC became insolvent and underwent corporate insolvency resolution in 2018. In 2020, Minosha filed an application to appoint an arbitrator, which the High Court allowed. NDMC appealed, arguing the application was time-barred. The Supreme Court held that Section 60(6) of the IBC excludes the moratorium period from limitation computations even for proceedings by the corporate debtor itself, protecting it during management displacement and CIRP. The appeal was dismissed."
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