<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (11) TMI 558 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=370215</link>
    <description>A subsequent Section 7 insolvency petition was not maintainable where a winding-up proceeding against the corporate debtor had already been admitted by the High Court and was still pending, with admission and advertisement steps already taken. The Tribunal treated the earlier winding-up process as the controlling proceeding because it had progressed beyond filing and had not been transferred, and it found that parallel insolvency action would create multiplicity of proceedings and conflict between forums. Creditors were therefore required to pursue their claims in the existing winding-up proceeding rather than start a fresh insolvency resolution process. The petition was dismissed.</description>
    <language>en-us</language>
    <pubDate>Wed, 10 Oct 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 31 Jan 2019 14:16:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=541569" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (11) TMI 558 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=370215</link>
      <description>A subsequent Section 7 insolvency petition was not maintainable where a winding-up proceeding against the corporate debtor had already been admitted by the High Court and was still pending, with admission and advertisement steps already taken. The Tribunal treated the earlier winding-up process as the controlling proceeding because it had progressed beyond filing and had not been transferred, and it found that parallel insolvency action would create multiplicity of proceedings and conflict between forums. Creditors were therefore required to pursue their claims in the existing winding-up proceeding rather than start a fresh insolvency resolution process. The petition was dismissed.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Wed, 10 Oct 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=370215</guid>
    </item>
  </channel>
</rss>