tribunal permits company closure despite pending recovery under insolvency law
the delhi bench of the nclt ordered the dissolution of vallabh steel west following its liquidation process. the company realized assets worth ₹11.02 crore and fulfilled all necessary regulatory steps under the law. this approval was granted even though certain recovery proceedings under section 43 remain pending.
Effective Not specified in the update
For professionals: The National Company Law Tribunal in Delhi permitted corporate dissolution under section 54 of the Insolvency and Bankruptcy Code after completion of liquidation. · The ruling establishes that ongoing recovery proceedings under section 43 of the same code do not automatically block the final closure of a fully liquidated corporate entity once statutory asset distribution and reporting requirements are met. · Practitioners must note that dissolution was granted despite pending adjudication of avoidance applications regarding preferential transactions under section 43 following full adherence to regulation 45 regarding compliance reports and an asset realisation totaling ₹11.02 crore.
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