Maintainability of application - initiation of CIRP - ...

Case Laws Companies Law

July 13, 2020

Maintainability of application - initiation of CIRP - termination of employment - salary and other dues - Since the appointment was made even prior to the incorporation of the Corporate Debtor, it is evident that there could not have been any Board Resolution to discuss, propose or confirm such an appointment. Nothing has been brought on record to indicate that any such confirmation was done subsequently by the Board. In this situation, it cannot be said that any right to payment or claim arose in the hands of the Operational Creditor against the Corporate Debtor, in the absence of any decision from the Board

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Maintainability of application - initiation of CIRP - ...

Case Laws Companies Law

July 13, 2020

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