Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Adequate notice provided to appellant, failed to appear despite ...


Adequate notice given, appellant's absence unjustified. Debt & default proven per IBC. No violation of natural justice. Rightful CIRP initiation.

Case Laws     Insolvency and Bankruptcy

July 8, 2024

Adequate notice provided to appellant, failed to appear despite multiple opportunities. Demise explanation lacks merit, directors could have pursued matter. No violation of natural justice principles. Debt and default established as per Section 7 IBC requirements. Default amount exceeded Rs. 1 crore threshold u/s 4. Adjudicating Authority rightly admitted Section 7 application, initiated CIRP. No error in impugned order. Appeal dismissed.

View Source

 


 

You may also like:

  1. Initiation of CIRP - It is also an admitted fact that there are no documents/records to prove that the Appellant is a Financial Creditor. The Appellant stated that the...

  2. Maintainability of Section 7 application under Insolvency and Bankruptcy Code (IBC) for non-payment of debt analyzed. Financial contract not mandatory for establishing...

  3. Initiation of CIRP - Since Adjudicating Authority has not relied upon the “confirmation and undertaking” and has come to a conclusion that there is a debt and default...

  4. This legal summary concerns the maintainability of a Section 7 application for initiating the Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor....

  5. Maintainability of an application for initiation of Corporate Insolvency Resolution Process (CIRP) u/s 9 of the Insolvency and Bankruptcy Code (IBC). The key points are:...

  6. The Appellant (SIDBI) had established a clear case of continuous defaults by the Respondent (Sambandh Finserve Private Limited) in loan repayment post the suspension...

  7. Existence of financial debt established through acknowledgment of part payments and promise to pay next installment. Section 10A bar not applicable as default occurred...

  8. The CD defaulted on loan repayment from January 2020, failing to pay the monthly installment due on 20th January 2020. Though partial payment was made in February 2020,...

  9. The NCLAT upheld the admission of the Section 7 application filed by the Financial Creditor (Respondent No.1) for initiating CIRP against the Corporate Debtor. It held...

  10. Reassessment of the Bill of Entry - dues are within the Operational debt under IBC or not - Though the definition of “Operational Debt” in Section 5(21) of the IBC, 2016...

  11. The Tribunal addressed the maintainability of an application for initiation of Corporate Insolvency Resolution Process (CIRP) by an Operational Creditor (OC) against a...

  12. CIRP - Neither the Section of law nor the Regulation says that the claim of a debt can be made only when there is a default. The debt and default would be a sine qua non...

  13. Initiation of CIRP - Existence of a financial debt - Assignment of debt- The Appellate Tribunal (NCLAT) upheld the Adjudicating Authority’s findings, agreeing that: The...

  14. The appellant challenged the dismissal of its application filed u/s 7 of the Code by the Adjudicating Authority. The key issues were: existence of debt and default,...

  15. Maintainability of application u/s 7 of IBC examined. Existence of debt and default established through Loan Agreement, Promissory Note, Audit Report, and Record of...

 

Quick Updates:Latest Updates