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IBC - Highlights / Catch Notes

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Initiation of CIRP - Financial Creditors - Financial Debt - ...

Insolvency and Bankruptcy

September 12, 2022

Initiation of CIRP - Financial Creditors - Financial Debt - There is a difference between the levy of liquidated damages or penal interest for default and the financial debt per se - interest per se in any business contract cannot be termed to make the “debt” as a “Financial Debt”, if it is in the nature of liquidated damages or in the nature of penal interest, which is a result of compensation for breach of contract which is stipulated for penalty. - AT

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