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Procedure to file a debt recovery case in NCLT


02-Sep-2023 (In Consumer Court Law)
I have filed a debt recovery case against a steel firm (Rashmi Metallic Pvt. ltd) in kolkata civil court in March'2016. Now i would like to file a fresh case as per NCLT. Can i do that. What is the process for doing that.
Answers (1)

Answer #1
909 votes
You have not written all the relevant facts to answer your question in proper manner viz. (1) under which law the company is registered (under Companies Act of 1956 or 2013); (2) how much amount the company owe you; (3) where does the company's registered office exists.

Yes you can file a petition for compulsory winding up simultaneously to the civil suit. But before filing of the winding up petition a statutory (legal) notice is required to be sent to the company. Where the winding up petition can be filed viz. High Court of NCLT can be answered only after getting the answers of the the question I asked herein.

You can respond the questions I asked to my e-mail and further advise can be given through video conferencing.

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.

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