as otherwise

[kumar17]

We now come to the language of Section 14(1)(a). It will be noticed that the expression “or” occurs twice in the first part of Section 14(1)(a) –first, between the expressions “institution of suits” and “continuation of 15 pending suits” and second, between the expressions “continuation of pending suits” and “proceedings against the corporate debtor…”. The sweep of the provision is very wide indeed as it includes institution, continuation, judgment and execution of suits and proceedings. It is important to note that an award of an arbitration panel or an order of an authority is also included. This being the case, it would be incongruous to hold that the expression “the institution of suits or continuation of pending suits” must be read disjunctively as otherwise, the institution of arbitral proceedings and proceedings before authorities cannot be subsumed within the expression institution of “suits” which are proceedings in civil courts instituted by a plaint (see Section 26 of the Code of Civil Procedure, 1908). Therefore, it is clear that the expression “institution of suits or continuation of pending suits” is to be read as one category, and the disjunctive “or” before the word “proceedings” would make it clear that proceedings against the corporate debtor would be a separate category. What throws light on the width of the expression “proceedings” is the expression “any judgment, decree or order” and “any court of law, tribunal, arbitration panel or other authority”. Since criminal proceedings under the Code of Criminal Procedure, 1973 [“CrPC”] are conducted before the courts mentioned in Section 6, CrPC, it is clear that a Section 138 proceeding being conducted before a Magistrate would certainly be a proceeding in a court of law in respect of a transaction which relates to a 16 debt owed by the corporate debtor. Let us now see as to whether the expression “proceedings” can be cut down to mean civil proceedings stricto sensu by the use of rules of interpretation such as ejusdem generisand noscitur a sociis.


What does 'as otherwise' mean here? Does it mean "or else"?

Source.

 

[emsr2d2]

Before we continue, please use the Edit Post facility to add all the spaces that were lost when you pasted the text. I have marked them all in red in post #1. Add the spaces, change the font back to black, then click Save. It is an unfortunate glitch of the system that when you paste text in, it can mess up the formatting.

 

[kumar17]

Before we continue, please use the Edit Post facility to add all the spaces that were lost when you pasted the text. I have marked them all in red in post #1. Add the spaces, change the font back to black, then click Save. It is an unfortunate glitch of the system that when you paste text in, it can mess up the formatting.

Sure. I will keep it in my mind when I post next time.

 

[emsr2d2]

Don't forget that you have only 24 hours from the time of posting to edit a post. We look forward to answering your question once you've fixed post #1.

 

[kumar17]

Don't forget that you have only 24 hours from the time of posting to edit a post. We look forward to answering your question once you've fixed post #1.

I have done my best. May have inadvertently missed some. I will be happy to correct them further when I find those.

 

[emsr2d2]

You need to change the text back to black!

 

[kumar17]

You need to change the text back to black!

Done.

 

[emsr2d2]

I won't pretend to be an expert in legalese but I take it to mean "as something/anything different".

 

[teechar]

Does it mean "or else"?

Basically, yes.

 

[Tdol]

It should not be read through anything outside the clear interpretation of the words.

 

[kumar17]

It should not be read through anything outside the clear interpretation of the words.

I don't understand the clear interpretation of the words as well. There is not much resource online relating to "as otherwise". I will be grateful if you can give me the clear interpretation of the words.

 

[emsr2d2]

Tdol wasn't suggesting that you read "as otherwise" in any way different to the clear interpretation of the words. He meant that "as otherwise" here means that the reader must not read that part of the text in any way other than the clear interpretation of the words. The fact that it's not clear to you or to us is irrelevant. It's clearly a legal document so we have to assume that people in that field would understand the words.