Supreme Court · 2020 INSC 699 · Decided 15 December 2020
Action Ispat and Power PVT. LTD. v. Shyam Metalics and Energy LTD.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 699 · [2020] 13 S.C.R. 783
- Case number
- CIVIL APPEAL No. 4041/2020
- Decided
- 15 December 2020
- Bench
- R.F. NARIMAN, K.M. JOSEPH, KRISHNA MURARI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 434(1)(c), 290; IBC Section 7
Headnote
Companies Act, 2013: s.434(1)(c), fifth proviso; s.290 - Transfer of winding up proceedings from Company Court to NCLT - Permissibility of, at the stage of post admission of winding up petition - Held: In a winding up proceeding where the petition has not been served of the Rules, 1959 at a pre-admission stage, given the beneficial result of the application of the Code, such winding up proceeding is compulsorily transferable to the NCLT to be resolved under the Code - Even post issue of notice and pre admission, the same result would ensue -
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)