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NCLT not empowered to initiate CIRP against company struck off by Registrar of Companies
Case Law Details
- Case Name
- Satyabrata Mitra & Ors. Vs Earth Towne Infrastructure Pvt Ltd (NCLT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLT
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Satyabrata Mitra & Ors. Vs Earth Towne Infrastructure Pvt Ltd (NCLT Delhi)
NCLT Delhi held that it may order winding up of a Company, the name of which has been struck off, but no power can be exercised for Insolvency Resolution under the Insolvency and Bankruptcy Code, 2016, unless the name of the Company is restored
Facts- The instant application is jointly filed by Mr. Satyabrata Mitra & 145 other home buyers (”Applicants”) u/s. 7 of the Insolvency and Bankruptcy Code, 2016 read with rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating A...
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