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Mar 31, 2021

SC on Maintainability of Insolvency Proceedings

The Supreme Court in A. Navinchandra Steels Private Limited v. SREI Equipment Finance Limited & Others[1], has held that IBC proceedings are independent proceedings, unaffected by winding-up proceedings. Winding-up petition cannot trump any subsequent attempt at revival of the company through the IBC process. Where there is a possibility of revival of the company, every effort should be made to resuscitate it, in larger public interest.

[1] A. Navinchandra Steels Private Limited v. SREI Equipment Finance Limited & Ors., Civil Appeal Nos. 4230-4234 of 2020.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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