Mandatory impleadment of MCA as a Respondent- Principal Bench issues direction to all NCLTs

-Megha Mittal


In its recent order dated 22.11.2019, the Hon’ble National Company Law Tribunal, Principal Bench at New Delhi (“Principal Bench”), in the matter of Oriental Bank of Commerce v. Sikka Papers Ltd. & Ors.[1], has directed that the Ministry of Corporate Affairs (MCA) be made party to all applications filed under the Insolvency and Bankruptcy Code, 2016 as well as under the Companies Act. While the same does not form part of the final order as the matter is lis-pendens, the said direction only forms part of the interim order referred above.

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