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IBC - Highlights / Catch Notes

Home Highlights September 2022 Year 2022 This

Initiation of CIRP - The Adjudicating Authority has rightly come ...


Corporate Debtor's Debt Dispute with Operational Creditor Invalidates Section 9 IBC Application Due to Non-Initiation by HSBC Bank.

September 15, 2022

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - The Adjudicating Authority has rightly come to the conclusion that Corporate Debtor raised a bonafide dispute regarding the ‘operational debt’ wherein the Appellant- Operational Creditor had assigned the debt to HSBC Bank and HSBC Bank has not instituted this proceeding under Section 9 of the IBC, therefore, taking in the above facts, the Application under section 9 is not maintainable as the reasons assigned by the Adjudicating Authority is cogent and require no interference. - AT

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