Supreme Court of India

Action Ispat and Power Pvt. Ltd. v. Shyam Metalics and Energy Ltd.

Neutral citation
Bench Rohinton Fali Nariman, K. M. Joseph and Krishna Murari JJ.
Decided 15 December 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Companies Act, 2013: s.434(1)(c), fifth proviso; s.290 – Transfer of winding up proceedings from Company Court to NCLT – Permissibility of, at the stage of post admission of winding up petition – Held: In a winding up proceeding where the petition has not been served in terms of r.26 of the Rules, 1959 at a pre-admission stage, given the beneficial result of the application of the Code, such winding up proceeding is compulsorily transferable to the NCLT to be resolved under the Code – Even post issue of notice and pre admission, the same result would ensue – However, post admission of a…

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