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Company Law

‘Going concern sale’ should have same interpretation u/s. 53 of IBC and under regulation 32

Case Law Details

Case Name
Winwind Power Energy Private Limited Vs Assistant Registrar of Companies (Madras High Court)
Date of Judgement/Order
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Winwind Power Energy Private Limited Vs Assistant Registrar of Companies (Madras High Court) Madras High Court held that no interpretation contrary to Section 53 of the Insolvency and Bankruptcy Code, 2016 [IBC] can be attributed to the expression ‘going concern sale’ as contemplated under Regulation 32 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. Facts- The petitioner company is incorporated in the year 2007 under the Companies Act, 1956. It underwent corporate insolvency resolution process (CIRP) and liquidation process under the Insolv...
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