Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 2031 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, DELHIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- The fact that the Appellant has claimed approximately ₹ 6 crore and there is a separate claim made by the Corporate Debtor which was approximately ₹ 7 crore towards damages which was subsequently raised to approximately ₹ 14 crore, in such situation, question arises as to whether the Respondent is liable to pay any amount to the Appellant or if both demands are accepted then the Operational Creditor is required to pay certain amount to the Corporate Debtor?. In such case there being a dispute about the debt, the question of default does not arise - Appeal dismissed.
|