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Arbitrability of insolvency petitions in India: An unsettled phenomenon

Recently, National Company Law Tribunal (NCLT), Mumbai, in a unique judgement passed in Kotak India Venture Fund- I vs Indus Biotech Private Limited (Kotak’s Case), referred parties to the Arbitration under Section 8 of the Arbitration & Conciliation Act, 1996 (Arbitration Act), while hearing the Insolvency Plea filed by the Financial Creditor under Section 7…

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