MA/720/2019 was filed for the revival of Company Petition TCP/373/IB/2017, which was previously dismissed on 21.08.2017 as withdrawn with liberty to revive. The Tribunal is considering whether it has the jurisdiction to revive the dismissed petition.
M/s. Rocket Electric (India) filed an application (MA/720/2019) seeking the revival of Company Petition TCP/373/IB/2017. The original petition TCP/373/IB/2017 had been dismissed on 21.08.2017 as withdrawn, but with liberty to revive it. The Tribunal is now considering whether it has the jurisdiction to revive the dismissed petition. The order of dismissal on withdrawal of the company petition on 21.08.2017 with liberty was passed by default. The Tribunal notes that there is no provision under the Adjudicating Authority Rules (IBC) for the revival of a company petition that has been dismissed. The Tribunal also notes that it cannot assume jurisdiction to revive the petition. The petitioner is not barred from initiating fresh proceeding basing on fresh cause of action
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Company Petition…
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MA/720/2019 was filed for the revival of Company Petition TCP/373/IB/2017, which was previously dismissed on 21.08.2017 as withdrawn with liberty to revive. The Tribunal is considering whether it has the jurisdiction to revive the dismissed petition.
M/s. Rocket Electric (India) filed an application (MA/720/2019) seeking the revival of Company Petition TCP/373/IB/2017. The original petition TCP/373/IB/2017 had been dismissed on 21.08.2017 as withdrawn, but with liberty to revive it. The Tribunal is now considering whether it has the jurisdiction to revive the dismissed petition. The order of dismissal on withdrawal of the company petition on 21.08.2017 with liberty was passed by default. The Tribunal notes that there is no provision under the Adjudicating Authority Rules (IBC) for the revival of a company petition that has been dismissed. The Tribunal also notes that it cannot assume jurisdiction to revive the petition. The petitioner is not barred from initiating fresh proceeding basing on fresh cause of action
…Company Petition…
The matter was heard…
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