When can a company under winding up be referred to IBC - Delhi HC answers

Aditi Singh October 12 2019
anticipatory bail

The Delhi High Court has held that an application for transfer of a case to the National Company Law Tribunal (NCLT) under Insolvency and Bankruptcy Code (IBC)  is maintainable even after service of notice on company in respect of whom the winding up proceedings are filed.

Other options available, namely to resolve/revive a company, can and should always be explored unless irrevocable steps towards liquidation have already been undertaken, the Court has held.

The judgment was passed by a Division Bench of . . .

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