Supreme Court · 2019 INSC 77 · Decided 22 January 2019

Forech India LTD. v. Edelweiss Assets Reconstruction CO. LTD.

Court
Supreme Court of India
Citation
2019 INSC 77 · [2019] 2 S.C.R. 477
Case number
CIVIL APPEAL No. 818/2018
Decided
22 January 2019
Bench
R.F. NARIMAN, NAVIN SINHA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Companies Act Section 433(e), 434

Headnote

Insolvency & Bankruptcy Code, 2016 - ss.7, 9, 11, 238, 255 and The Eleventh Schedule - Proceedings u/ss.7 and 9, if independent of winding up process pending in High Court - Winding up petition filed by the appellant before High Court, against Respondent No.2-Company, creditor of the self-same corporate debtor, filed insolvency petition u/s.7 of the 2016 Code before National Company Law Tribunal (NCLT) - Petition admitted - Appeal filed by the appellant against the order - Dismissed by Appellate Tribunal - Plea of appellant

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