The NCLAT held that the Adjudicating Authority erred in relying ...

Debtor allowed to defend if borrowing constitutes financial debt.

Case Laws IBC

September 26, 2024

The NCLAT held that the Adjudicating Authority erred in relying solely on the NeSL report as conclusive evidence of a financial debt without affording the Corporate Debtor an opportunity to present its defense. The Balance Sheets mentioned long-term borrowings and liabilities under separate heads, and the nature of the transaction needed examination to determine if it constituted a financial debt. The matter was remitted to the Adjudicating Authority for fresh consideration, allowing the Corporate Debtor to file a reply within three weeks to the Section 7 application. The appeal was allowed due to the lack of appropriate consideration of the real nature of the transaction by the Adjudicating Authority.

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The NCLAT held that the Adjudicating Authority erred in relying ...

Debtor allowed to defend if borrowing constitutes financial debt.

Case Laws IBC

September 26, 2024

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