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Home Highlights December 2021 Year 2021 This

Initiation of CIRP - Period of limitation - It cannot be ...


Financial Creditor's One-Time Settlement with Debtor for Rs. 2 Crores u/s 7 of Insolvency Code.

December 16, 2021

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Period of limitation - It cannot be gainsaid that the Respondent/Financial Creditor, after considering the proposal of the Appellant for ‘One Time Settlement’ through its letter dated 19.02.2018 granted said settlement in and by which the ‘Corporate Debtor’ was required to pay ₹ 2 Crores as against its liability of ₹ 17.12 Crores as on 01.12.2015. As such it is crystalline clear that the new contract had come into play on 19.02.2018 and further that the Application was filed by the Respondent/Applicant (under Section 7 of IBC) on 25.10.2018 which is within period of limitation. - AT

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