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Tag Archive for "operational-debt-under-ibc" -

CentrikBlogsOperational Debt under IBC

Tag: Operational Debt under IBC

Adjudicating Authority is not required to order of Arbitration: NCLAT

Posted by AdminPosted on July 17, 2021July 20, 20210 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags An Application filed before the Adjudicating Authority, appeal against NCLAT order, appeal from NCLT to NCLAT, demand notice under Section 8 of the IBC, Dismiss Application by the Adjudicating Authority, Existence of a Dispute, IBC proceeding, issue of pending payments, Operational Debt under IBC, Order of arbitration NCLAT, pre-existence of dispute regarding the pending debt, Repayment of Operational Debt

The issue of existence of a dispute when the application under Section 9 of IBC is filed before the Adjudicating Authority. These actions raise doubt regarding the veracity of the dispute and its pre-existence.

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What constitutes a “Dispute” under the IBC as per the Supreme Court?

Posted by ajay.shuklaPosted on July 11, 2021August 7, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Benches of the NCLT, CIRP against Mobilox under IBC, Dispute between an Operational Creditor and a Corporate Debtor, dispute under the IBC, filed an appeal against the NCLT's order, legal proceedings, Operational Debt under IBC, remedy available for the debtor company, right to file an application for the initiation of a CIRP

The Supreme Court clarified the code’s object while keeping legislative intent in mind. The court, through this judgement, has struck a balance between creditors’ rights and debtor companies’ remedies.

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Claims towards the lease of immovable property do not fall within the definition of Operational Debt under IBC

Posted by ShriyamehtaPosted on February 17, 2020February 20, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags application before the NCLT, definition of Operational Debt under IBC, insolvency proceedings against the corporate debtor, issues before the NCLAT, lease of immovable property, Operational Debt under IBC, operational debt under IBC india

NCLAT, New Delhi Bench has held that claims towards rent of leasehold property do not fall within the definition of the operational debt under IBC.

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Claim for damages cannot be an Operational Debt under IBC- Flipkart Analysis

Posted by Adv. Nazuk SethPosted on February 6, 2020February 7, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags Best lawyers in Bengaluru, Claim for financial damage, claim of Operational Creditor the jurisdiction of the NCLT, Delay in payment, Financial Damage and Operational Debt, fraudulent insolvency proceedings, Insolvency Proceedings against Flipkart, NCLT Bengaluru Bench, Operational Debt under IBC, petition filed by an Operational Creditor, Top RERA Lawyers in Karnataka

The Hon’ble Karnataka High Court on Oct 25, 2019, stayed the insolvency proceedings on the grounds that the Tribunal lacked jurisdiction to adjudicate a claim for damages. 

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