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CIRP proceedings - seeking payment of unpaid operational debt - ...


CIRP Proceedings: Authority Must Avoid Treating Applications as Money Claims, Focus on Insolvency Process, Not Dispute Merits.

January 12, 2022

Case Laws     Insolvency and Bankruptcy     AT

CIRP proceedings - seeking payment of unpaid operational debt - Pre-existing dispute - The ‘Adjudicating Authority’ is not a Court of Law and the ‘CIRP’ is not an adversial litigation. The ‘Adjudicating Authority’ is not to decide the Application under I & BC like a ‘Money Claim’ under the I & B Code. Viewed in that perspective, the ‘Adjudicating Authority’ is not supposed to go into the aspect of dispute in a thread bare fashion or on merits. - AT

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