resulting company; (vi) the transfer of the undertaking is on a going concern basis; (vii) the demerger is in accordance with the conditions
resulting company; (vi) the transfer of the undertaking is on a going concern basis; (vii) the demerger is in accordance with the conditions
sell whole of the undertaking of the company as a going concern;] [ Inserted by Act 11 of 2003, Section 67.] (d) to raise
that the corporate debtor goes on doing its
business as a going concern during the CIRP as a result of which a
large number ... cannot apply
when the corporate debtor is being run as a going concern as
otherwise secured creditors alone will be paid and not operational
creditors
that the Directors had prepared the annual accounts on a going concern basis.] (2B) [The Board's report shall also specify the reasons
sell the whole of the undertaking of the company as a going concern; (e) to raise any money required on the security of the assets
firm was taken over by the company as a going concern on 1st July, 1984, except for the outstanding claims which are under consideration ... question with the firm in spite of transferring of business as going concern, to treat it 'remainder' of business and terms of dissolution
first respondent has to
maintain the Corporate Debtor as a ‗going concern‘ and the termination of its sole
PPA, under which it supplied electricity only ... ensure that the Corporate Debtor remains a ‗going concern‘, in
32
―SICA‖
33
(2019) 4 SCC 17; hereinafter referred to as ―Swiss Ribbons‖
34
―BIFR
business of the transferor company and it was done as a going concern together with goodwill and all other assets thereof. The document of conveyance ... business together with goodwill and other intangible rights as a going concern at a slump price and that the valuation which was mentioned, namely
transfer of the corporate debtor or its
business as a ‘going concern’;
(x) Regulation 44(1) , through its proviso, allows for an additional period ... Chapter II;
(b) sale of a company in liquidation as a going concern (read with
Regulation 32(e) and (f)); and
(c) a scheme