Rejection of prayer of Operational Creditor to initiate the CIRP ...

Case Laws     Insolvency and Bankruptcy

May 14, 2024

Rejection of prayer of Operational Creditor to initiate the CIRP against the Corporate Debtor - The Appellate tribunal (NCLAT) found no breach of the contract terms by the respondent as the initial agreed terms were for the appellant to pick up the goods from the respondent's location. It was determined that the appellant attempted to shift the terms in the appellate documents, which were not presented at the Adjudicating Authority. The tribunal concluded that there was a pre-existing dispute regarding the delivery and payment terms, substantiated by the evidence of email exchanges and the non-collection of goods. - The tribunal upheld the decision of the Adjudicating Authority

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