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IBC - Highlights / Catch Notes

Home Highlights June 2021 Year 2021 This

Initiation of CIRP - To attract the provision of IB Code under ...


CIRP Application Dismissed: Missing Due Date, Default Date, and Invoices u/s 9 of Insolvency Code.

June 1, 2021

Case Laws     Insolvency and Bankruptcy     Tri

Initiation of CIRP - To attract the provision of IB Code under Section 9, there must be 'due' and 'default' which is found absent in the instant application - application is also not complete as the due date and default date is not provided, even no invoices are annexed or ever raised upon corporate debtor. In absence of such primary information, it is difficult to come to the conclusion that the amount claimed is operational debt - Application dismissed - Tri

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