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Initiation of CIRP - Validity of order admitting the application ...


NCLT Must Admit CIRP Application When Debt is Due under Insolvency and Bankruptcy Code, 2016.

March 12, 2022

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Validity of order admitting the application by the NCLT - If the ‘Adjudicating Authority’ is subjectively satisfied that there was Debt due and payable in law and in fact, by the Corporate Debtor to in favour of the 1st Respondent/Bank/Financial Creditor then, in law, the ‘Adjudicating Authority’ is left with no other alternative but to admit the application under the I&B Code, 2016. - AT

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