Whether in exercise of powers under the proviso to Section 434 ...

Court Weighs Transferring Proceedings to NCLT Under Companies Act Section 434; Liquidator's Progress May Influence Decision.

October 9, 2019

Case Laws     Companies Law     HC

Whether in exercise of powers under the proviso to Section 434 of the Companies Act, 2013, this court should transfer the present proceedings to NCLT? - normally, this court would transfer the matter to NCLT. This would also give an opportunity to try and revive the company by the Insolvency Resolution Process. There may be exceptional circumstances where the Liquidator has made much progress and the chances of Insolvency Resolution Process are very bleak then, in that eventuality this court may exercise its discretion and not transfer such a matter.

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