Supreme Court · 2020 INSC 648 · Decided 19 November 2020
M/S Kaledonia Jute and Fibres PVT. LTD. v. M/S Axis Nirman and Industries LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 648 · [2020] 11 S.C.R. 800
- Case number
- CIVIL APPEAL No. 3735/2020
- Decided
- 19 November 2020
- Bench
- S.A. BOBDE, A.S. BOPANNA, V. RAMASUBRAMANIAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 434, 434(1)(c), 485(1), 485; IBC Section 7, 239
Headnote
Companies (Transfer of Pending Proceedings) Rules 2016: rr.5 and 6 - Application seeking transfer of the winding up petition pending before High Court to the National Company Law Tribunal (NCLT) - Refusal by - Correctness of - Second respondent filed a company petition against the first respondent for winding up on the ground that first respondent was not able to pay its debts - Winding up order - Thereafter first respondent sought for recalling the order of winding up
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