Whether Company Court can suo motu transfer a proceeding relating to winding up to NCLT or can such transfer only be made pursuant to an application by one of the parties? – Abhijeet Projects Ltd. – Calcutta High Court

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NCLT would have jurisdiction to decide a rectification proceeding where facts are self evident and does not call for any serious enquiry or adjudication of fraud – Phool Chand Gupta & Ors. Vs. Mukesh Jaiswal & Ors. – Calcutta High Court

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A decision in a proceeding under Section 66 of IBC does not influence or affect in any manner an independent consideration of Wilful Defaulter identification within the purview of the RBI Master Circular – Suresh Kumar Patni and Ors. Vs. Bank of Baroda and Anr. – Calcutta High Court

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