Status of the appellant - Shareholder or Credit of the Corporate ...

Case Laws     Insolvency and Bankruptcy

July 5, 2023

Status of the appellant - Shareholder or Credit of the Corporate Debtor - A physical perusal of the Register of Members cannot be said to be a mandatory prerequisite for taking recourse under Section 59 of the Act. Be that as it may, this Tribunal is of the considered view that the documentary evidence on record establishes that the money was infused by the Appellant, vide the terms in the MoU, as an ‘Investment’ to be converted into ‘Equity’. - Claim rejected - AT

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