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Judgment

In the Matter of Aubit International

FSD 0240 OF 2023 (DDJ) · 2023-Oct-04

Dismissal of petition for the appointment of restructuring officers pursuant to section 91B of the Companies Act (2023 Revision) need to produce a rational and credible restructuring plan, even if only provided in outline there must be a real prospect that the restructuring plan, with reasonable prospects of success, will be effected for the benefit of the general body of creditors a two-phase approach of firstly gathering in assets, documentation and information, commencing legal proceedings for recovery of the same if necessary and undertaking forensic investigations and then presenting a restructuring plan many months or some years later will not usually be appropriate observations as to the jurisdiction and discretion of the Court under section 91B

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