https://www.taxtmi.com/caselaws?id=339349 A ministerial authority empowered only to scrutinise a sick industrial company reference cannot decide a disputed question of eligibility, such as whether the applicant is an industrial company; that issue belongs to the adjudicatory Board or Bench, and an invalid refusal of registration is non est in law. Once the refusal is treated as invalid, the reference remains pending and the company may invoke the later insolvency code's saving provisions, including the statutory remedy for abated proceedings, notwithstanding a winding-up order. The framework also preserves consideration of moratorium and going-concern mechanisms before the NCLT. en-us Tue, 21 Feb 2017 00:00:00 +0530 Wed, 10 Jan 2018 12:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=339349 A ministerial authority empowered only to scrutinise a sick industrial company reference cannot decide a disputed question of eligibility, such as whether the applicant is an industrial company; that issue belongs to the adjudicatory Board or Bench, and an invalid refusal of registration is non est in law. Once the refusal is treated as invalid, the reference remains pending and the company may invoke the later insolvency code's saving provisions, including the statutory remedy for abated proceedings, notwithstanding a winding-up order. The framework also preserves consideration of moratorium and going-concern mechanisms before the NCLT. Case-Laws Indian Laws Tue, 21 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=339349