Does NCLT have jurisdiction to direct the valuation of shares sold by Liquidator of a foreign Subsidiary Company of Corporate Debtor? – State Bank of India Vs. Shantanu Prakash and Ors. – NCLAT New Delhi
The Hon’ble NCLT held that the order on liquidation on EAPPL was passed by the High Court of Singapore, therefore, any issue regarding the liquidation proceedings including sale value of the shares held by the Subsidiary of the Corporate Debtor sold by SBI with the consent of the liquidators of the Subsidiary could have been raised in liquidation proceedings of the Subsidiary before the High Court of Singapore as the assets in question were owned by the Subsidiary and not by the Corporate Debtor.