Can NCLT be referred after appointment of official liquidator

689 votes

It depends on what capacity is the NCLT being approached, whether it is by a new creditor or by the Company itself through the Official Liquidator. Another important point to be disclosed by you is whether the Liquidator has been appointed by the NCLT or by a High Court under the earlier law (Companies Act, 1956 or Companies Act, 2013).

It is requested that the query be more specific, mentioning the above-details along with for what purpose do you want to approach NCLT. This will help in answering the query effectively.

Thanks.

Advocate Vaibhav Tyagi LawRato

528 votes

Dear Aggrieved Client,
At the face of it, the answer is NO. Since once official liquidator has been appointed, any attempt to re-open or re-initiate the proceedings will be futile. At this stage, it will be best to approach the Official Liquidator for necessary relief.
Having said so, all cases turn on their individual facts. Therefore, please seek consultation for proper remedies.
Wishing you a good day!

Advocate Rishi Raj Sharma LawRato

683 votes

Whether a company can make a reference to NCLT after the appointment of liquidator depends upon what is being sought by the company from NCLT. In the limited information provided, it can be said that the company can approach NCLT when the appointment of the liquidator is to be challenged based on his/her eligibility to be a liquidator.

Further, the order of liquidation passed by NCLT can also be challenged.

Advocate Navodaya Singh Rajpurohit LawRato