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IBC - Highlights / Catch Notes

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

Insolvency and Bankruptcy

March 12, 2022

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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