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Seeking Liquidation of Corporate Debtor - Eligibility under the ...


Tribunal Rules MSME Notification of 26.06.2020 Applies Prospectively, Affecting Insolvency and Bankruptcy Liquidation Eligibility Criteria.

February 1, 2022

Case Laws     Insolvency and Bankruptcy     AT

Seeking Liquidation of Corporate Debtor - Eligibility under the amended MSME Act 2006, Notified on 26.06.2020 - After going through the contents of the Notification, dated 26.06.2020, under the MSME Act, 2006, this Tribunal arrives at a definite conclusion that the said notification is only ‘Prospective in nature’ and not a ‘Retrospective’ one because the said notification does not in express terms speak about the applicability of retrospective operation. The relevant words are conspicuously absent besides there being no implicit reference to be drawn for such a construction. - AT

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