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IBC - Highlights / Catch Notes

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Initiation of CIRP - Section 10(4)(b) of IBC, 2016 contemplates ...


Authority Can Reject CIRP Application u/s 10(4)(b) If Incomplete; M/s. Prithviraj Spinning Mills No Longer Exists.

December 14, 2020

Case Laws     Insolvency and Bankruptcy     Tri

Initiation of CIRP - Section 10(4)(b) of IBC, 2016 contemplates that this Adjudicating Authority has the right to reject the Application if it is incomplete. As already stated supra, inspite of opportunity being granted, the Form - VI as filed by the Applicant is incomplete in all respects. Further, this Adjudicating Authority also cannot pass an order of CIRP as against M/s. Prithviraj Spinning Mills Private Limited since the name of the Company is not in existence as on date. - Tri

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