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IBC - Highlights / Catch Notes

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Validity of order of CIRP obtained - allegation of fraud on the ...

Case Laws     Insolvency and Bankruptcy

July 27, 2022

Validity of order of CIRP obtained - allegation of fraud on the part of Financial Creditor (FC) - The entire transaction as narrated in the Section 7 application is plainly imaginary, concocted and fraudulent. The CD does not appear to have had any genuine liability towards the alleged FC and the entire documentation has evidently been prepared by the alleged FC in collusion with Videocon Group entities. The alleged documents disclosed in the Supplementary Affidavit of the alleged FC, far from helping its case, further demonstrate the fraudulent nature of the documents - CIRP stands vitiated and terminated due to the fraud committed - Cost imposed on FC - Tri

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