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Initiation of CIRP - Apart from the fact that the Joint ...


CIRP Not Applicable: Joint Development Agreement Lacks 'Financial Debt' for Section 7 Application Under Insolvency Code.

August 29, 2020

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Apart from the fact that the Joint Development Agreement entered into, is a contract of reciprocal rights and obligations, both parties are admittedly ‘Joint Development Partners’, who entered into a consortium of sorts for developing an Integrated Township and for any breach of terms of contract, Section 7 Application is not maintainable as the amount cannot be construed as ‘Financial Debt’ as defined under Section 5(8) of the Code. - AT

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