going concern.
When the company has failed to resume its
strength as a going concern after making all
efforts, it will go to liquidation. When ... explore Going Concern Sale (GCS) - sale of the CD as
a going concern or sale of the business of the CD as
going concern - alongside
Liquidation Order
where numerous efforts have been made by the Liquidator to sell the
'Corporate Debtor' as a 'going concern'. There ... sell the
'Corporate Debtor' as a 'going concern'. The
Liquidator was also directed to ensure that there
was some reasonable financial
going
concern to calculate "other liquidation cost". Before amendment dated
25th July, 2019 to the Liquidation Regulations, the liquidation cost
under Regulation ... liquidation cost" as "any cost
incurred by the liquidator" during liquidation. The costs of running the
business as a going concern would
distinguished
from a going concern sale in general. In a going concern sale in liquidation,
there cannot be a question of liabilities being a part ... going
concern cannot be achieved. It is no longer res integra that while approving a
Corporate Debtor's sale as a going concern
Parikh stated that the petitioner has
purchased the VOFL as going concern from liquidator
under the provisions of I.B. Code, 2016. He submitted
that ... CIRP under Chapter II;
(b) sale of a company in liquidation as a going concern
(read with Regulation
sell the corporate debtor as a going concern or the business of a
corporate debtor as a going concern.
8. In the case in hand ... company underwent a liquidation process
under the Regulations and the liquidator decided to sell the petitioner
company as a going concern to the new management
sale has two facets, asset sale and
sale as a going concern. Going concern sale can be with or without
liabilities. As, in the present ... going
concern was with liability. The question involved was whether the sale of
the corporate debtor as a going concern in liquidation proceedings includes
Denying fees to the
Liquidator simply because the operations resulted in a net loss discourages
future Liquidators from undertaking going concern operations, thereby
undermining ... generated by the CD going concern, including
during the period it was current assets, if any.
operated as a going concern.
Such a narrow interpretation
considered the issue of sale as a going
concern and decided not to opt for going concern sale for the valid
reasons. It is submitted ... corporate debtor as a going concern; or
(f) the business(s) of the corporate debtor as a going concern:
Provided that where an asset
considered the issue of sale as a going
concern and decided not to opt for going concern sale for the valid
reasons. It is submitted ... corporate debtor as a going concern; or
(f) the business(s) of the corporate debtor as a going concern:
Provided that where an asset
