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2018 (7) TMI 1880 - AT - Insolvency and BankruptcyWhether for filing an application under Section 10 of the Insolvency and Bankruptcy Code, 2016 the Board of Director of ‘Corporate Debtor’ is required to place the matter before the shareholders and creditors in its Extra ordinary General Meeting (EoGM) or Annual General Meeting (AGM)? - Held that:- Similar issue fell for consideration before this Appellate Tribunal in “Gaja Trustee Company Pvt. Ltd. & Ors. Vs. Haldia Coke and Chemicals Pvt. Ltd. & Ors. [2018 (8) TMI 1270 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] wherein this Appellate Tribunal has held that Board of Directors is required to place the matter before the shareholders and creditors and to take its approval for filing application under Section 10 of the I&B Code. The appellant sought permission to withdraw the appeal to enable the Board of Directors to place the matter before the shareholders in EOGM and AGM, if they intend to file another application under Section 10 of the I&B Code - Liberty is granted - appeal disposed of as withdrawn.
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