Whether CIRP Initiated can be Against A Company Strike off by ROC?

Elektrans Shipping Pte Ltd. Vs Pierre D’silva (NCLAT Delhi)

Initiation of Corporate Insolvency Resolution Process (CIRP) under section 7 and 9 of the Insolvency and Bankruptcy Code, 2016 can be maintained even if Company’s name has been struck off by the Registrar of Companies (ROC).

FACT OF THE CASE:

Mr. Pierre D’silva filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the ‘I&B Code’) against M/s. Elektrans Shipping Private Limited (‘Corporate Debtor’), which was admitted by Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, by order dated 10th April, 2019.

The Appellant, Elektrans Shipping Pte Ltd. – Shareholder has preferred the Appeal challenging the order of admission dated 10th April, 2019.

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