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In a case where winding up proceedings has been initiated again a Corporate Debtor by Hon’ble High Court or Tribunal or liquidation order has been passed in respect of Corporate Debtor, no application under section 10 of I&B Code can be filed by Operational Creditor.
The question of mismanagement of the company can be questioned by the minority shareholders provided the petition is filed by persons holding at least 10% equity.
Corporate Insolvency Resolutions Process under section 9 of I&B Code cannot be initiated against sub-tenant even if part payment of rent was paid directly to the Operational Creditor.
If there is any miscalculation in determining the amount of default, it doesn’t materially affect the admission of CIRP application.
Regards
PK Mittal
Advocate Pradeep Kumar
PK Mittal BCom Delhi university 1975 LLB Delhi University 1978 FCS Fellow Member of ICSI 1992 1982 to 1992 as CS in Corporate Head Legal Apollo Tyres Ltd 1986 to 1992 1993 onwards Advocate in Delhi High Court CESTAT NCLT = Practcising Indirect Tax and Corporate laws 1993 to till date. Written more than 100 Article on Company Law and Corporate laws Indirect Tax Speaker on Indirect Tax Co Law and IBC in various Seminars Workshop organised by ICAI ICSI and ICMA and other organisations Convenor Core Group on GST of ICSI
Dec 07, 2019
Aug 27, 2018
Aug 06, 2018
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