Logo
International Journal of
Law
ARCHIVES
VOL. 5, ISSUE 5 (2019)
Whether Sec 9(3)C of Ibc is mandatory or directory in nature
Authors
Amarthya Ghutke, Pranshi Gaur, Sneha Bhadauria, Siddhant Vyas, Shatanik Kale, Pragya Nawandar
Abstract
Section 9(3)(c), Rule 6 and form 5 of the I&B (Application to Adjudicating authority) Rules,2016, it is clear that sec 9(3)(c) is not mandatory, but only directory and that, in the said section, “shall” should be read as “may”, when a serious inconvenience is caused to the innocent persons or the general public without really furthering the object of the particular Act, the said provision should not be read as mandatory, but directory only. The word ‘confirming’ in sec 9(3)(c) would also show that this is only one more document that can be relied upon by the operational creditor, apart from other documents, which may well prove the existence of the operational debt. Section 9(3)(c), Rule 6 and form 5 of the I&B (Application to Adjudicating authority) Rules,2016, it is clear that sec 9(3)(c) is not mandatory, but only directory and that, in the said section, “shall” should be read as “may”, when a serious inconvenience is caused to the innocent persons or the general public without really furthering the object of the particular Act, the said provision should not be read as mandatory, but directory only. The word ‘confirming’ in sec 9(3) (c) would also show that this is only one more document that can be relied upon by the operational creditor, apart from other documents, which may well prove the existence of the operational debt.
Download
Pages:34-38
How to cite this article:
Amarthya Ghutke, Pranshi Gaur, Sneha Bhadauria, Siddhant Vyas, Shatanik Kale, Pragya Nawandar "Whether Sec 9(3)C of Ibc is mandatory or directory in nature". International Journal of Law, Vol 5, Issue 5, 2019, Pages 34-38
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.