Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (5) TMI 1471

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... law in force, including the Company Act, 1956 under which winding up proceedings have been initiated. It appears that the aforesaid provisions have not been brought to the Hon'ble Judge of the Madras High Court. In the circumstances we give liberty to the parties to bring this fact to the notice of the Hon'ble Madras High Court, Chennai. Thereafter, the order of stay is not vacated the Appellat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the appellant submits that the Madras High Court has passed an order in Company Application Nos 462 and 463 in Company Petition No.267 of 2015 staying the operation of insolvency proceedings initiated by Adjudicating Authority, Chennai Bench. We have perused the order of 4th May, 2017 passed by the Hon'ble Madras High Court and perused the record. Before deciding the issue, it is necessary .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. (2) The supply of essential goods or services to the corporate debtor as .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... iew of the aforesaid provision of Clause (a) of sub-section (1) of Section 14 all pending suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law shall stand stayed. Section 238 of the Insolvency and Bankruptcy Code, 2016 read as follows: The provisions of this code shall have effect, notwit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates