Winding Up v. The Insolvency and Bankruptcy Code, 2016
by Amir Arsiwala* & Ishan J Ravindranath**
company law
Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC
Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.
Perjury in the National Company Law Tribunal and the National Company Law Appellate Tribunal: An Opinion
by Amir Arsiwala* & Ishan J Ravindranath**
No stipulation of period of completion of Serious Fraud Investigations under Companies Act
Supreme Court: The bench of Abhay Manohar Sapre and UU Lalit, JJ has held that Section 212 of the Companies Act, 2013