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Amrit Manuvanshi (Advisor)     30 June 2018

Insolvancy claim or execution for earth investments

I have got the order from the court as decree in my favour on 15 May 2018 for refund my total amount with out interest from Earth Infrastrcture but the company is now moved for liquidation on 16 June 2018 and lawers are approching for filing claims through liquidation. Please advise what is the right course of action i.e to go for Execution after 90 days or claim thrrrough liquidation. with Kind Regards Amrit


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 1 Replies

RAKESH PIPRODIA (ADVOCATE)     18 August 2019

If the defendant company is liquidated through High Court under Companies Act 2013 than, you should lodge your claim before the Official liquidator of the High Court for adjudication. Whereas, if the liquidation rocess is through NCLT than in that case you are required to lodge your claim before the CIRP of the corporate debtor who is appointed by the NCLT.


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