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Financial assistant in JVA by way of Inter-corporate Deposit doesn’t qualify as financial debt
Case Law Details
- Case Name
- Ansal Housing Limited Vs Samyak Projects Private Limited (NCLAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLAT
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Ansal Housing Limited Vs Samyak Projects Private Limited (NCLAT Delhi)
NCLAT Delhi held that financial assistance given by the Appellant in a Joint Venture Agreement (JVA) by way of an Inter-Corporate Deposit (ICD) does not fall within the canvas of financial debt as defined u/s. 5(8) of the IBC. Hence, CIRP application u/s 7 not entertained.
Facts- The present appeal filed u/s. 61 of Insolvency and Bankruptcy Code, 2016 by the Appellant arises out of the Order dated 28.02.2023 passed by the Adjudicating Authority. By the impugned order, the Adjudicating Authority has dismisse...





