IBC | Case Law Alert | Liquidation Order not a bar to pass appropriate orders u/s 230 of the Companies Act, 2013
IBC | Case Law Alert | Liquidation Order, not a bar to pass appropriate orders u/s 230 of the Companies Act, 2013 The National Company Law Appellate Tribunal (“NCLAT”) has in the matter of Arun Kumar Jagatramka vs Gujarat NRE Coke Ltd., order dated 10 July 2018 ( available here ), held that a liquidation order passed by the National Company Law Tribunal (“NCLT”) under the Insolvency and Bankruptcy Code, 2016 (“Code”) will not come in the way of the NCLT to pass appropriate order in accordance with law on the petition filed under Section 230 of the Companies Act, 2013 (power to compromise or make arrangements with creditors and members) which should not be in conflicted with the provisions of the Code. Factual Matrix: 1. A liquidation order dated 11 January 2018 (“Liquidation Order”) was passed by the NCLT Kolkata against Gujarat NRE Coke Limited (“Corporate Debtor”) in absence of approval of resolution plan and in want of time beyond 270 days, under Section 33 of the Code. 2....
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