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IBC - Highlights / Catch Notes

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Initiation of CIRP u/s 7 of the IBC - financial debt or not - ...

Case Laws     Insolvency and Bankruptcy

February 8, 2024

Initiation of CIRP u/s 7 of the IBC - financial debt or not - Period of limitation - Advance paid subject to execution of the share purchase agreement - NCLT rejected the application as the appellant does not falling within the category of financial creditor - The tribunal highlighted that the transaction was ostensibly for the purchase of a specific property, and the appellant should have asserted its rights within the stipulated three-year period. Since no default date was established, and the transaction did not meet the criteria of financial debt, the tribunal upheld the order of NCLT.

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