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IBC - Highlights / Catch Notes

Home Highlights April 2018 Year 2018 This

Insolvency resolution by operational creditor - the application ...


Insolvency applications under Companies Act sections 433 and 434 are abated, not applicable under IBC section 9 per Rule 5.

April 19, 2018

Case Laws     Insolvency and Bankruptcy     AT

Insolvency resolution by operational creditor - the application under sections 433 and 434 of the Companies Act, 1956 cannot be treated to be an application under section 9 of the I&B Code in terms of Rule 5 of Transfer Rules, 2016. In such circumstances, in view of proviso to Rule 5 of the Transfer Rules, the application under Sections 433 and 434 of the Companies Act, 1956 stands abated. - AT

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