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Blogs - shravyapathak, Author at Centrik

CentrikArticles by: shravyapathak

Author: shravyapathak

Mobilization Advance is Financial Debt or Operational Debt?

Posted by shravyapathakPosted on September 15, 20220 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags advance against goods is operational debt, advance operational debt, an application before NCLT, appeal before NCLAT, CIRP was initiated against the corporate debtor, mobilization advance rules, Mobilization in construction, Operational debt, Resolution Professional rejected the claims, What is Mobilization Advance, what is mobilization advance in construction

Mobilization Advance is an Operational Debt and not a Financial Debt referring to the abovementioned Supreme Court Judgement.

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Apex Court redefines the ambit of the definition of a consumer with reference to commercial transactions

Posted by shravyapathakPosted on August 22, 2022September 2, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags commercial customer definition, commercial transactions law, consumer complaint before NCDRC, Consumer Protection Act, File an appeal before Supreme Court, Recovery proceedings, recovery suit before DRT, Respondent Bank filed a recovery suit before DRT, what is commercial transactions

It was held that the Consumer Complaint of the appellant is not maintainable as the appellant is not a consumer as per section 2(1) d of the Consumer Protection Act,1986.

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Is Adjudicating Authority under obligation to accept an application against a Corporate Debtor u/s 7?

Posted by shravyapathakPosted on July 27, 2022August 29, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags applicant under section 7 of IBC, application against a Corporate Debtor, CIRP against the Appellant, corporate debtor, corporate debtor under IBC, file application under NCLT, filed an appeal before APTEL, financial creditor as resolution applicant, initiation of CIRP by operational creditor, issue before the Supreme Court, procedure of filing in NCLT, section 7 IBC procedure, section 7 of IBC case laws

The Adjudicating Authorities have been given discretionary powers under section 7(5)(a) of I&B Code, 2016. The Authorities are required to apply their mind and take into consideration all facts and circumstances.

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