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Tribunals

NCLAT Dismisses Appeal Against Admission of Section 7 IBC Petition — Financial Debt Determination Requires Satisfaction of Section 5(8) Parameters, Not Mere Balance Sheet Reflection. The court held that issues regarding financial debt definition and admission of debt through balance sheet and emails are to be decided at final stage.

4 Oct 2024

The National Company Law Appellate Tribunal (NCLAT) Chennai, in an appeal against an order admitting a Section 7 petition under the Insolvency and Ban...

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Supreme Court

Supreme Court Restores NCLT Order Admitting Section 7 Application in Insolvency Case — NCLAT Erred in Rejecting Evidence of Outstanding Debt. The Court held that admissions made by a corporate debtor in a counter affidavit from a withdrawn petition can be relied upon in a subsequent Section 7 application under the Insolvency and Bankruptcy Code, 2016.

8 Sep 2020

The case involves an appeal by SREI Equipment Finance Limited (the financial creditor) against an order of the National Company Law Appellate Tribunal...

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High Court

Bombay High Court Allows Appeal in Winding Up Petition Under Section 433(e) of Companies Act, 1956 — Bona Fide Defence of No Privity of Contract Rejected Based on Admission of Debt. The court held that an admission of debt by the Respondent, coupled with failure to reply to the Appellant's letter, negated the defence of no privity of contract.

2 Aug 2012

The appeal arose from an order of the Learned Company Judge dated 11 February 2011 dismissing a Petition for winding up under Section 433(e) of the Co...

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High Court

Bombay High Court Dismisses Appeal Against Winding Up Order for Non-Compliance with Payment Schedule — Company Failed to Deposit Admitted Debt Despite Multiple Opportunities. The court upheld the admission of winding up petition and appointment of provisional liquidator under Sections 433, 434, and 450 of the Companies Act, 1956, as the company admitted liability but failed to pay as directed.

8 Feb 2012

The appeal arose from an order of the Company Judge admitting a winding up petition filed by Kotak Mahindra Bank Limited against Katare Spinning Mills...

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