NCLAT upheld the admission of Section 7 application under IBC, ...

Financial Creditor's Project Monitoring Role Does Not Absolve Corporate Debtor From Payment Under IBC Section 7

February 14, 2025

Case Laws IBC AT

NCLAT upheld the admission of Section 7 application under IBC, confirming the existence of financial debt and default by corporate debtor. The tribunal rejected appellant's contention that Project Monitoring Committee (PMC) controlled by financial creditor was responsible for default. NCLAT emphasized that PMC's constitution to monitor project execution did not diminish corporate debtor's payment obligations. Following precedents in E.S. Krishnamurthy and Innoventive Industries, NCLAT confirmed Adjudicating Authority's jurisdiction was limited to determining debt existence and default occurrence. The appeal was dismissed as corporate debtor failed to honor repayment obligations despite acknowledging debt multiple times, satisfying Section 7 requirements for CIRP initiation.

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NCLAT upheld the admission of Section 7 application under IBC, ...

Financial Creditor's Project Monitoring Role Does Not Absolve Corporate Debtor From Payment Under IBC Section 7

February 14, 2025

Case Laws IBC AT

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