https://www.taxtmi.com/caselaws?id=376805 A corporate debtor's application under section 10 of the Insolvency and Bankruptcy Code was found to be filed after suppression of material facts, because it omitted that the company had already been wound up by the High Court and that the Official Liquidator had been directed to proceed with liquidation. That nondisclosure was material since section 11(d) bars a corporate debtor against whom a liquidation order has been made from initiating the corporate insolvency resolution process, and Rule 10(2) required disclosure of the winding-up proceedings. The omission was treated as suppression of material facts and conduct attracting section 77(a), rendering the application not maintainable. en-us Tue, 29 Jan 2019 00:00:00 +0530 Sat, 16 Mar 2019 08:25:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=376805 A corporate debtor's application under section 10 of the Insolvency and Bankruptcy Code was found to be filed after suppression of material facts, because it omitted that the company had already been wound up by the High Court and that the Official Liquidator had been directed to proceed with liquidation. That nondisclosure was material since section 11(d) bars a corporate debtor against whom a liquidation order has been made from initiating the corporate insolvency resolution process, and Rule 10(2) required disclosure of the winding-up proceedings. The omission was treated as suppression of material facts and conduct attracting section 77(a), rendering the application not maintainable. Case-Laws Insolvency and Bankruptcy Tue, 29 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=376805