Section 179 Adjudicating Authority for individuals and partnership firms
“(1) Subject to the provisions of section 60, the Adjudicating Authority, in relation to insolvency matters of individuals and
firms shall be the Debt Recovery Tribunal having territorial jurisdiction over the place where the individual debtor actually and
voluntarily resides or carries on business or personally works for gain and can entertain an application under this Code
regarding such person.
(2) The Debt Recovery Tribunal shall, notwithstanding anything contained in any other law for the time being in force, have
jurisdiction to entertain or dispose of –
(a) any suit or proceeding by or against the individual debtor;
(b) any claim made by or against the individual debtor;
(c) any question of priorities or any other question whether of law or facts, arising out of or in relation to insolvency and
bankruptcy of the individual debtor or firm under this Code.
(3) Notwithstanding anything contained in the Limitation Act, 1963 (14 of 1963) or in any other law for the time being in
force, in computing the period of limitation specified for any suit or application in the name and on behalf of a debtor for
which an order of moratorium has been made under this Part, the period during which such moratorium is in place shall be
excluded”
VL Note : –
Section 180 . Civil court not to have jurisdiction
“(1) No civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any matter on which
the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal has jurisdiction under this Code.
(2) No injunction shall be granted by any court, tribunal or authority in respect of any action taken, or to be taken, in
pursuance of any power conferred on the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal by or under this
Code”
VL Note : –
Section 181 Appeal to Debt Recovery Appellate Tribuna
“(1) An appeal from an order of the Debt Recovery Tribunal under this Code shall be filed within thirty days before the Debt
Recovery Appellate Tribunal.
(2) The Debt Recovery Appellate Tribunal may, if it is satisfied that a person was prevented by sufficient cause from filing an
appeal within thirty days, allow the appeal to be filed within a further period not exceeding fifteen days.”
VL Note : –
Section 182 Appeal to Supreme Court
“(1) An appeal from an order of the Debt Recovery Appellate Tribunal on a question of law under this Code shall be filed
within forty-five days before the Supreme Court.
(2) The Supreme Court may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within
forty-five days, allow the appeal to be filed within a further period not exceeding fifteen days”
VL Note : –
Section 183 Expeditious disposal of applications
“Where an application is not disposed of or order is not passed within the period specified in the Code, the Debt Recovery
Tribunal or the Debt Recovery Appellate Tribunal, as the case may be, shall record the reasons for not doing so within the
period so specified; and the Chairperson of the Debt Recovery Appellate Tribunal, after taking into account the reasons so
recorded, extend the period specified in this Code, but not exceeding ten days”
VL Note : –