2023 (5) TMI 1160

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..... 6 - HELD THAT:- The National Company Law Appellate Tribunal [NCLAT] has reversed the above decision while relying upon the decision of this Court in Consolidated Construction Consortium Limited vs Hitro Energy Solutions Private Limited [ 2022 (2) TMI 254 - SUPREME COURT] , where it has been held that Section 5(21) has to be interpreted in a broad and purposive manner in order to include all those .....

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..... ratibha Sinha, Adv., Mr. Salvador Santosh Rebello, AOR, Mr. Raghav Sharma, Adv., Ms. Nidhi Vardhan, Adv., Mr. Kanishk Arora, Adv., Ms. Shakshi Goyal, Adv. ORDER By its order dated 6 January 2022, the National Company Law Tribunal [NCLT], while construing the provisions of Section 5(20) and Section 5(21) of the Insolvency and Bankruptcy Code 2016 [IBC] held as follows: It is an admitte .....

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..... where it has been held that Section 5(21) has to be interpreted in a broad and purposive manner in order to include all those who provide or receive operational services from the Corporate Debtor which ultimately leads to an operational debt. 3 The NCLT in its original order had not considered the other defences that were raised by the applicant to the application under Section 9 of the IBC. He .....

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