The Appellant, Pushti Impex, an Operational Creditor, filed a winding-up petition before the Bombay High Court under Section 433(e) of the Companies Act, 1956. This petition was later transferred to the National Company Law Tribunal (NCLT), Mumbai Bench, Mumbai, following the Companies (Transfer of Pending Proceedings) Rules, 2016. The NCLT rejected the application due to the perceived pre-existence of a dispute. The appellant then appealed to the National Company Law Appellate Tribunal (NCLAT).
Pushti Impex, the Appellant and an Operational Creditor, initially filed a winding-up petition against Shree Satyanarayan Industrial Suppliers Private Limited, the Corporate Debtor, before the Bombay High Court under Section 433(e) of the Companies Act, 1956. This petition was subsequently transferred to the NCLT, Mumbai. The NCLT rejected the application based on the ground of a pre-existing dispute. The Appellant then appealed to the NCLAT. Critically, the Appellant filed Form-5 under Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, on July 17, 2017, without having issued a Demand Notice under Section 8(1) of the Insolvency and Bankruptcy Code (IBC). The proviso to Rule 5(1) requires the Appellant to submit all information
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Pushti Impex filed a winding-up petition…
Pushti Impex filed Form-5 under Rule 6 of the…
The Appellant, Pushti Impex, an Operational Creditor, filed a winding-up petition before the Bombay High Court under Section 433(e) of the Companies Act, 1956. This petition was later transferred to the National Company Law Tribunal (NCLT), Mumbai Bench, Mumbai, following the Companies (Transfer of Pending Proceedings) Rules, 2016. The NCLT rejected the application due to the perceived pre-existence of a dispute. The appellant then appealed to the National Company Law Appellate Tribunal (NCLAT).
Pushti Impex, the Appellant and an Operational Creditor, initially filed a winding-up petition against Shree Satyanarayan Industrial Suppliers Private Limited, the Corporate Debtor, before the Bombay High Court under Section 433(e) of the Companies Act, 1956. This petition was subsequently transferred to the NCLT, Mumbai. The NCLT rejected the application based on the ground of a pre-existing dispute. The Appellant then appealed to the NCLAT. Critically, the Appellant filed Form-5 under Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, on July 17, 2017, without having issued a Demand Notice under Section 8(1) of the Insolvency and Bankruptcy Code (IBC). The proviso to Rule 5(1) requires the Appellant to submit all information
…Pushti Impex filed a winding-up petition…
Pushti Impex filed Form-5 under Rule 6 of the…