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IBC - Highlights / Catch Notes

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Initiation of CIRP - NCLT admitted the application - Operational ...

Insolvency and Bankruptcy

December 17, 2021

Initiation of CIRP - NCLT admitted the application - Operational creditors - The pivotal plea taken on behalf of the Appellant is that the obligation of the ‘Corporate Debtor’ was to perform the export of goods and the liability arises when the ‘Contract’ was terminated on 30.04.2020 and when the ‘Corporate Debtor’ was directed to return the money. As such, the 1st Respondent cannot bring a default early to the date of 30.04.2020. - Appeal allowed - AT

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