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IBC - Highlights / Catch Notes

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Initiation of CIRP - The amount cannot be construed as a ...

Insolvency and Bankruptcy

March 7, 2022

Initiation of CIRP - The amount cannot be construed as a ‘default’ as on January, 2019. It is satisfying that the Appellant could not establish any ‘default’ on the part of the Respondent by way of any documentary evidence - It is also an admitted fact that the Balance Sheet of the Respondent which was relied on by the Appellant, perusal thereof, crystal clear that the amount was accepted by the Respondent for investment purposes. - Application was rightly dismissed by the NCLT - AT

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