Operational Debt

Supreme Court clarifies the definition of “Financial Debt” under the Insolvency and Bankruptcy Code: Global Credit Capital vs. Sach Marketing (25 April 2024)

/ Financial Debt, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Operational Debt

Supreme Court Clarifies Financial Creditor Status in IBC: Global Credit Capital vs. Sach Marketing (2024) LEGAL ISSUE: Whether a security deposit paid under a service agreement constitutes a financial debt under the Insolvency and Bankruptcy Code, 2016. CASE TYPE: Insolvency Law Case Name: Global Credit Capital Limited & Anr. vs. Sach Marketing Pvt. Ltd. & […]

Supreme Court clarifies the definition of “Financial Debt” under the Insolvency and Bankruptcy Code: Global Credit Capital vs. Sach Marketing (25 April 2024) Read Post »

Supreme Court Clarifies Financial Creditor Status Under IBC: NOIDA Lease Dues Not a Financial Debt (May 17, 2022)

/ Financial Debt, Functions of Authority, Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Judges, K.M. Joseph, Operational Debt, Power to transfer Land, Uttar Pradesh Industrial Area Development Act, 1976

NOIDA Not a Financial Creditor Under IBC: Supreme Court Judgment Analysis LEGAL ISSUE: Whether a development authority, specifically NOIDA, qualifies as a financial creditor under the Insolvency and Bankruptcy Code (IBC) based on lease dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: New Okhla Industrial Development Authority vs. Anand Sonbhadra & Ors. Judgment Date:

Supreme Court Clarifies Financial Creditor Status Under IBC: NOIDA Lease Dues Not a Financial Debt (May 17, 2022) Read Post »

Supreme Court directs NCLT to Reconsider Insolvency Application: M/S Wizaman Impex Pvt. Ltd. vs. Kedrion Biopharma Inc. (2022)

/ Corporate Insolvency Resolution Process, Dinesh Maheshwari, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Operational Debt, Vikram Nath

Supreme Court directs NCLT to Reconsider Insolvency Application: M/S Wizaman Impex Pvt. Ltd. vs. Kedrion Biopharma Inc. (2022) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) was correct in admitting additional documents at the appellate stage without giving the corporate debtor an opportunity to respond, in an application under Section 9 of the

Supreme Court directs NCLT to Reconsider Insolvency Application: M/S Wizaman Impex Pvt. Ltd. vs. Kedrion Biopharma Inc. (2022) Read Post »

Supreme Court Directs Fresh Review of Insolvency Claim: M/S Wizaman Impex vs. Kedrion Biopharma (2022)

/ Corporate Insolvency Resolution Process, Dinesh Maheshwari, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Operational Debt, Vikram Nath

Supreme Court Directs Fresh Review of Insolvency Claim: M/S Wizaman Impex vs. Kedrion Biopharma (2022) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) was correct in admitting additional documents at the appellate stage without giving the corporate debtor an opportunity to respond, and whether the application under Section 9 of the Insolvency and

Supreme Court Directs Fresh Review of Insolvency Claim: M/S Wizaman Impex vs. Kedrion Biopharma (2022) Read Post »

Supreme Court Clarifies “Dispute” Under the Insolvency and Bankruptcy Code for Operational Debts: Mobilox Innovations Pvt. Ltd. vs. Kirusa Software Private Limited (2017)

/ Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 5(6), Insolvency and Bankruptcy Code, 2016 with Section 8, Judges, Operational Debt, R.F. Nariman, Sanjay Kishan Kaul

Can a mere allegation of breach of contract constitute a “dispute” to halt insolvency proceedings? The Supreme Court of India addressed this crucial question in a case concerning operational debts under the Insolvency and Bankruptcy Code, 2016. This judgment clarifies what constitutes a valid dispute that can prevent the initiation of insolvency proceedings by operational

Supreme Court Clarifies “Dispute” Under the Insolvency and Bankruptcy Code for Operational Debts: Mobilox Innovations Pvt. Ltd. vs. Kirusa Software Private Limited (2017) Read Post »

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