Initiation of CIRP - Financial creditors - The use of the word ...
Financial Creditors Can Initiate CIRP Without Interest on Debt; Key is "Disbursement for Time Value of Money" in Section 5(8).
December 8, 2022
Case Laws Insolvency and Bankruptcy AT
Initiation of CIRP - Financial creditors - The use of the word ‘if any’ clearly makes that it is not essential for all financial debt to be with interest. However, the essential condition which is required to be fulfilled for a debt to be a financial debt is “disbursement for time value of money” which has to be fulfilled for all transactions referred to in clauses (a) to (f) in sub-section (8) of Section 5 of the Code. - AT
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