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IBC - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Initiation of CIRP - Requirement of mandatory service of notice ...

Insolvency and Bankruptcy

February 23, 2023

Initiation of CIRP - Requirement of mandatory service of notice u/s 8 - After the transfer of winding up proceedings as per Rules 2016 read with amendments made in Section 434 of the Act, 2013 as applicable to the Code by Act 26 of 2018, if the winding up petition has been filed on the ground that the Company is unable to pay its debt, for treating the application under Section 9 of the Code, notice under Section 8 of the Code is not necessary or mandatory and a petition under Section 9 shall be maintainable without service of notice under Section 8 of the Code. - AT

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