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THE INSOLVENCY AND BANKRUPTCY CODE, 2016 Last Update 01-6-2020 · CHAPTER V ADMINISTRATION AND DISTRIBUTION OF THE ESTATE OF THE BANKRUPT

Section 168 — Obligations 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.