Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2017 (9) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1610 - Tri - Insolvency and BankruptcyCorporate insolvency procedure - whether this Application is maintainable before this Adjudicating Authority in view of the pendency of Company Petition against Respondent Company before the Honble High Court of Gujarat - Held that:- Different Benches have taken different views on the aspect whether Applications under Section 7, 9 and 10 are maintainable or nor in the light of the pendency of winding up proceedings before various Hon’ble High Courts. Therefore, the Special Bench of the NCLT, New Delhi referred the said point to a Larger Bench for decision. Therefore, this Adjudicating Authority is also of the considered view to refer this matter to a Larger Bench for consideration and decision, the Registry of this Bench is directed to send the entire file along with the copy of this order to the Registrar, National Company Law Tribunal, New Delhi, for placing the same before the Honourable President, National Company Law Tribunal, for referring the matter to the Larger Bench which has already been constituted.
|