Can insolvency petition be quashed in high court ?
prasad
(Querist) 05 November 2015
This query is : Resolved
Can insolvency petition filed with wrong and misleading facts be quashed by filing a petition in high court ?
Devajyoti Barman
(Expert) 05 November 2015
Insolvency petition being a civil proceeding the high court can not invoke power of quashing to dismiss such proceeding.
You can file maintainability petition if its merit so permits under order 7 rule 11 of cpc in the same court.
P. Venu
(Expert) 06 November 2015
Why not oppose the Petition in the trial court itself?
prasad
(Querist) 06 November 2015
one person filed ins petition against 33 debtors. He don't know the actual amounts due to them. He filed a petition with fake amounts without any record. I wanted to quash and proceed for criminal case and arrest.
prasad
(Querist) 06 November 2015
one person filed ins petition against 33 debtors. He don't know the actual amounts due to them. He filed a petition with fake amounts without any record. I wanted to quash and proceed for criminal case and arrest.