The appeal contested the adjudicating authority's treatment of ...

Telecom company contests treatment of liabilities as operational debt under resolution plan.

Case Laws     IBC

November 12, 2024

The appeal contested the adjudicating authority's treatment of certain liabilities as operational debt payable under the approved resolution plan. It involved disincentive amount imposed by the appellant, security deposits, and unspent balances of prepaid subscribers held by the corporate debtor. The appellant argued these amounts were held in trust and not corporate debtor's assets. However, the NCLAT upheld the adjudicating authority's order, treating the liabilities as operational debt payable per the resolution plan. It rejected the appellant's contention that security deposits and unspent balances constituted CIRP costs, citing lack of relevant material. The appeal was dismissed, upholding the impugned order's treatment of the liabilities under the approved resolution plan.

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