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Eurekha Hospital Research Centre Pvt. Ltd v. Akanksha Buildcon Pvt. Ltd

Eurekha Hospital Research Centre Pvt. Ltd v. Akanksha Buildcon Pvt. Ltd

(National Company Law Tribunal)

Madhya Pradesh High Court CP No. 43 of 2016? | 11-08-2017

1.This Petition is received by transfer from Honble High Court of Madhya Pradesh pursuant to Rule 5 of the Companies (Transfer of pending proceedings) Rules, 2016, under rule 7 of the Companies (Transfer of pending proceedings) Rules, 2016

2.This petition is filed under section 433(e) of the Companies Act, 1956.

3.Rule 5 of the Companies (Transfer of pending proceedings) Rules, 2016 direct the petitioner to submit all information other than information forming part of record transferred, required for admission of petition under section 7, 8, 9 of Insolvency and Bankruptcy Code, 2016 including the details of proposed IRP to this Tribunal on or before 15.07.2017 failing which petition shall stand abated.

4.As per the office note petitioner not furnished information required for admission of petitioned under of Insolvency and Bankruptcy Code, 2016.

5.Hence, in view of Rule 5 of the Companies (Transfer of pending proceedings) Rules, 2016, petition abated.

Advocate List
Bench
  • Bikki Raveendra Babu, Member (Judicial))
Eq Citations
  • LQ/NCLT/2017/4926
Head Note

CORPORATE LAW — Insolvency and Bankruptcy Code, 2016 — Repeal and Amendment Acts, 2018 — Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 — R. 5 — Petition under s. 433(e) of Companies Act, 1956 — Transfer of pending proceedings — Petition under s. 7, 8 or 9 of IBC, 2016 — Petitioner directed to submit all information other than information forming part of record transferred, required for admission of petition under s. 7, 8 or 9 of IBC, 2016 including details of proposed IRP to Tribunal on or before 15-7-2017 failing which petition shall stand abated — As per office note petitioner not furnished information required for admission of petition under IBC, 2016 — Hence, petition abated — Insolvency and Bankruptcy Code, 2016 — Repeal and Amendment Acts, 2018 — Companies (Transfer of pending proceedings) Rules, 2016, R. 5