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Section 434 Permits Suo Motu Transfer of Winding-Up Proceedings: Calcutta HC
Case Law Details
- Case Name
- Anil Kumar Murarka Vs Official Liquidator And Anr (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Anil Kumar Murarka Vs Official Liquidator And Anr (Calcutta High Court)
Winding-Up Case Transfer Upheld Because No Irreversible Stage Had Been Reached; Company Court Can Transfer Winding-Up Proceedings Without Formal Transfer Application; NCLT Transfer Valid Because Section 434 Does Not Mandate Transfer Application; Appeal Against NCLT Transfer Rejected Because Liquidation Had Not Become Irreversible.
The appeal was filed by a creditor of a company in liquidation against an order dated July 28, 2023, by which a learned Single Judge transferred a winding-up petition and a conne...






