Bare ActsThe INSOLVENCY AND BANKRUPTCY CODE, 2016

Section 168

Obligation under contracts

Amendment status not verified — confirm the current text below against the official source.

Obligation under contracts.—(1) This section shall apply where a contract has been entered into by the bankrupt with a person before the bankruptcy commencement date. (2) Any party to a contract, other than the bankrupt under sub-section (1), may apply to the Adjudicating Authority for— (a) an order discharging the obligations of the applicant or the bankrupt under the contract; and (b) payment of damages by the party or the bankrupt, for non-performance of the contract or otherwise. (3) Any damages payable by the bankrupt by virtue of an order under clause (b) of sub-section (2) shall be provable as bankruptcy debt. (4) When a bankrupt is a party to the contract under this section jointly with another person, that person may sue or be sued in respect of the contract without joinder of the bankrupt.

Section 168 – The INSOLVENCY AND BANKRUPTCY CODE, 2016 | DailyLaw.ai