Is a Director competent to file Section 7 Application under IBC even the name of the sister concern of the Financial Creditor struck off by RoC under Section 248 of Companies Act, 2013 in which he was also director – Cadillac Infotech Pvt. Ltd. Vs. JKM Infrastructure Pvt. Ltd. – NCLAT New Delhi

The Hon’ble NCLAT held that that there is no Applicability of Section 167(1) proviso to hold the Director as disqualified in the Airwill JKM Infrastructure Pvt. Ltd., the Financial Creditor. On the date of filing the Section 7 Application, Airwill Infracon had already been struck off, and the Director could not continue as Director of the Company Airwill Infracon having been dissolved, but that shall have no effect on continuance as Director in Airwill JKM Infrastructure Pvt. Ltd. The Director was fully competent to file Section 7 Application and swear Affidavit in support of Section 7 Application.

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