IBC Overrides ‘Defunct’ Companies Act Schemes; Supreme Court Restores Insolvency Proceedings Against Corporate Debtor

The Supreme Court of India has set aside an order of the National Company Law Appellate Tribunal (NCLAT) that had stayed insolvency proceedings against a Corporate Debtor due to a pending Scheme of Arrangement (SOA) under the Companies Act, 1956. A Bench comprising Justice Sanjay Kumar and Justice K. Vinod Chandran held that “judicial discipline”

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