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IBC - Highlights / Catch Notes

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Maintainability of application - initiation of CIRP - While a ...

Insolvency and Bankruptcy

June 15, 2022

Maintainability of application - initiation of CIRP - While a written contract cannot be treated as a pre-requisite to proving the existence of financial debt, the Adjudicating Authority must be satisfied that the Corporate Debtor is not being dragged into Corporate Insolvency Resolution Process mala fide for any purpose other than the resolution of the Insolvency. In the present matter, there is no evidence to Allow or Admit present Application - Tri

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