LawRato

Insolvency and Bankruptcy proceeding


24-Jan-2023 (In Bankruptcy / Insolvency Law)
Can a Pvt Ltd Company (with Strike off status at ROC), file Insolvency and Bankruptcy proceeding against a Ltd. Company (Listed in NSE), for recovery of due Payments? Else what are other possible Legal Actions?
Answers (3)

Answer #1
793 votes
According to the latest judgments, Insolvency and Bankruptcy proceedings could be initiated against a company with strike off Status. But in your case, you can first revive your company and then easily file an Insolvency and Bankruptcy application under section 9 of IBC before Nclt.

Feel free to contact.

Regards
Madhav Nanda
Advocate
Helpful? LawRato LawRato
Answer #2
626 votes
Yes , you can always file if the corporate debtor is unable to pay your dues despite reminders provided the liability is accepted and reflecting in books of accounts of corporate debtor. the application needs to be filed with NCLT
Helpful? LawRato LawRato
Answer #3
818 votes
Yes the Buyer can raise dispute anytime after receipt of goods, even after 120 days of delivery. However it has be raised before receipt of the Demand Notice. If in case you've received the demand notice then take a plea about the quality etc in the reply to the demand notice.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."