The key legal principles arising from this case revolve around the interpretation and application of specific provisions within Australian corporate and insolvency law. The case addresses the issue of when companies in liquidation can be considered part of a joint business scheme or undertaking for the purpose of pooling their assets and liabilities.
Mr. Shibu Job Cheeran, Suspended Director of Corporate Debtor v. Mr. Ashok Velamur Seshadri, Liquidator of Archana Motors Limited
In Shibu Job Cheeran v. Mr. Ashok Velamur Seshadri, the National Company Law Appellate Tribunal observed that it must be proven that the former directors of the corporate debtor were aware of the company’s insolvency but continued to conduct business with ulterior motives in order to demonstrate the fraudulent purpose under Section 66 of the Insolvency and Bankruptcy Code, 2016.
In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the Companies Act 2013 provision that overrides payment of workers’ dues during Liquidation process under the Insolvency and Bankruptcy Code, 2016.