https://www.taxtmi.com/caselaws?id=389680 A company whose BIFR/AAIFR proceedings had abated under the amended section 4(b) of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 could seek initiation of corporate insolvency resolution proceedings, and section 11(d) of the Insolvency and Bankruptcy Code, 2016 did not bar such a reference. Filing the matter in Form-6, where no separate form was prescribed, did not convert it into an application under section 10 of the Code. The direction to initiate prosecution under section 77(a) was also improper because no prima facie opinion was recorded and no hearing was given to the affected person. en-us Mon, 30 Sep 2019 00:00:00 +0530 Sat, 14 Dec 2019 11:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=389680 A company whose BIFR/AAIFR proceedings had abated under the amended section 4(b) of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 could seek initiation of corporate insolvency resolution proceedings, and section 11(d) of the Insolvency and Bankruptcy Code, 2016 did not bar such a reference. Filing the matter in Form-6, where no separate form was prescribed, did not convert it into an application under section 10 of the Code. The direction to initiate prosecution under section 77(a) was also improper because no prima facie opinion was recorded and no hearing was given to the affected person. Case-Laws Insolvency and Bankruptcy Mon, 30 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=389680