Supreme Court of India

Action Ispat and Power Pvt. Ltd. v. Shyam Metalics and Energy Ltd.

Neutral citation
Reported as [2020] 13 S.C.R. 783
Bench Rohinton Fali Nariman, K.M. Joseph and Krishna Murari JJ.
Decided 15 December 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Companies Act, 2013: s.434(1)(c), fifth proviso; s. 290 – Transfer of winding up proceedings from Company Court to NCLT – Permissibility of, at the stage of post admission of winding up petition – Held: In a winding up proceeding where the petit ion has not been served in terms of r.26 of the Rules, 1959 at a pr e-admission stage, given the beneficial result of the applicati on of the Code, such winding up proceeding is compulsorily transfer able to the NCLT to be resolved under the Code – Even post issu e of notice and pre admission, the same result would ensue – How ever, post admission of

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