Supreme Court · 2021 INSC 128 · Decided 1 March 2021

A. Navinchandra Steels Private Limited v. Srei Equipment Finance Limited & ORS.

Court
Supreme Court of India
Citation
2021 INSC 128 · [2021] 3 S.C.R. 597
Case number
CIVIL APPEAL No. 4230/2020
Decided
1 March 2021
Bench
R.F. NARIMAN, BHUSHAN RAMKRISHNA GAVAI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Companies Act Section 391, 230(1), 279, 446, 391to393; IBC Section 7, 9, 238

Headnote

Insolvency and Bankruptcy Code, 2016 - ss.7, 9 - Companies Act, 1956 - ss.391-393, 446 - Companies Act, 2013 - ss.230(1), 279, fifth proviso to s.434(1)(c) - Winding up proceedings pending - Petition u/s.7 filed before NCLT - Maintainability petition either u/s.7 or s.9, IBC is an independent proceeding unaffected by winding up proceedings that may be filed qua the same company - Any "suppression" of the winding up proceeding would not be of any effect in deciding a s.7 petition which is to be tried on its own

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