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Case Law Details

Case Name : Parker Hannifin India Private Limited v/s Prowess International Private Limited (NCLT Kolkata)
Appeal Number : I.A. No. 226/KB/2017, C.P.(IB) No. 150/KB/2017
Date of Judgement/Order : 29.05.2017
Related Assessment Year :
Courts : NCLT
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CS Divesh Goyal

IBC is not a Recovery Law, it is Revival Law

SHORT SUMMARY

In this Flash editorial, the author begins by referring the provisions of rules 44(2) of IBC in relation to Withdrawal of Application – Once Admitted. Since the code come into effect from December 2016 all the applicants/ creditors have begun to file applications under the Code. Since date approx. 80 applications has been admitted. In some situations after admission of application Corporate Debtor settled the claim of Creditor. Then the question arises whether Petition under IBC 2016 can be withdrawn by mutual settlement. The main thrust of the article, however, is upon the “Whether an application can be withdrawn after mutual settlement between the Corporate Debtor and Creditor.

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Author Bio

CS Divesh Goyal is Fellow Member of the Institute of Companies Secretaries and Practicing Company Secretary in Delhi and Steering Voice in the Corporate World. He is a competent professional having enrich post qualification experience of a decade with expertise in Corporate Law, FEMA, IBC, SEBI, View Full Profile

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