Initiation of CIRP - Financial Debt or Operational Debt - ...

NCLT to Reassess CIRP Application: Loan Misclassified as Non-Financial Debt Under Insolvency and Bankruptcy Code 2016.

January 6, 2022

Case Laws Insolvency and Bankruptcy AT

Initiation of CIRP - Financial Debt or Operational Debt - existence of ‘Default’ or not - The contra views arrived at by the ‘Adjudicating Authority’ that the ‘Loan’ was not a ‘Financial Debt’, as the amounts were not ‘money borrowed’ by the ‘Corporate Debtor’ and that the borrowing may not constitute a ‘Financial Debt’ that could be enforced as per the I & B Code, 2016 though the ‘Borrowing’ may be reflected in the ‘Balance Sheet’ as pointed out by the ‘Petitioner (Appellant)’ etc; are legally ‘invalid’ and ‘untenable’ - NCLT directed to re-adjudicate the application - AT

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Initiation of CIRP - Financial Debt or Operational Debt - ...

NCLT to Reassess CIRP Application: Loan Misclassified as Non-Financial Debt Under Insolvency and Bankruptcy Code 2016.

January 6, 2022

Case Laws Insolvency and Bankruptcy AT

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