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Retired Partner has no right under IBC to file claim against Partner or Firm
Case Law Details
- Case Name
- Anil Vora HUF Vs Kavya Build-Con Private Limited (NCLT, Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLT
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Anil Vora HUF Vs Kavya Build-Con Private Limited (NCLT)
After considering the contentions of the Operational Creditor, the question arose can the Retirement amount arising out of the Partnership Firm constitutes the Operational Debt?
It is observed by the Bench that the Operational Creditor and the Corporate Debtor were the Partners of the Firm. This Bench is well aware about the relationship between the Partners with its Partnership Firm and also accepts the contentions of the Operational Creditor with respect to the joint and several liability with the other partners or with the Firm. Howeve...
