Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

CIRP - Admission of Section 7 application - The tribunal ...


Tribunal Upholds Section 7 Insolvency Application, Confirms Default Admission as Key; Limits Moratorium to Principal Only.

March 29, 2024

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Admission of Section 7 application - The tribunal meticulously assessed evidence, including correspondence, loan agreements, and bank statements, to determine the existence and timing of defaults. It found the appellant's admission of default in correspondence significant and rejected arguments of uncertainty regarding default dates. Additionally, the tribunal clarified that the moratorium applied only to principal amounts, not interest payments, as per restructuring terms. - In conclusion, the tribunal upheld the decision to admit the Section 7 application, dismissing the appeal.

View Source

 


 

You may also like:

  1. NCLAT upheld the Adjudicating Authority's admission of a Section 7 Application based on corporate debtor's interest default subsequent to the 10A period. The Tribunal...

  2. Maintainability of section 7 application - Initiation of CIRP - existence of debt and default - date of default - On 14.02.2020 the account was declared NPA - The...

  3. The Tribunal dismissed the application filed by companies holding units in the Corporate Debtor's project, seeking to intervene and proposing a scheme of compromise and...

  4. The Appellant (SIDBI) had established a clear case of continuous defaults by the Respondent (Sambandh Finserve Private Limited) in loan repayment post the suspension...

  5. Admission of Section 7 Application - CIRP - The case involved an appeal by a suspended director of a corporate debtor against the admission of a Section 7 application by...

  6. Admission of section 7 application - financial debt owed by the Corporate Debtor or not - Home Buyers - The application was filed by respondents, who were allottees in a...

  7. Service of limited notice - the Appellant has been served copy of the Application under Section 95(1) as per the requirements of the statute and since the Appellant was...

  8. The summary focuses on the dismissal of an appeal challenging the rejection of an insolvency application u/s 9 of the Insolvency and Bankruptcy Code (IBC). The key...

  9. Admission of Section 9 application filed by Operational Creditor - time limitation - Section 10A of IBC - The Tribunal found that apart from the lease rental of April...

  10. Operational Creditor failed to prove debt and default beyond threshold limit against Corporate Debtor. Adjudicating Authority rightly rejected Section 9 application as...

  11. The National Company Law Appellate Tribunal (NCLAT) dismissed the appeal, upholding the order admitting the Section 7 application filed by ICICI Bank against the...

  12. NCLAT upheld the admission of Section 7 application under IBC, confirming the existence of financial debt and default by corporate debtor. The tribunal rejected...

  13. Locus standi of the appellant to file an appeal against the admission of a Section 7 application under the Insolvency and Bankruptcy Code (IBC) and the fulfillment of...

  14. The Appellate Tribunal examined whether there were sufficient grounds to recall its previous order dated 02.04.2024, wherein liberty was granted by the Supreme Court to...

  15. CIRP - Admission of Section 7 application - The NCLAT addressed the validity and impact of the ex parte arbitral award. It concluded that, irrespective of the award's...

 

Quick Updates:Latest Updates