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Settlement Agreement Breach Not Grounds for CIRP under I&B Code
Case Law Details
- Case Name
- Amrik Cranes and Infrastructure Vs Simplex Infrastructures Limited (NCLT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLT
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Amrik Cranes and Infrastructure Vs Simplex Infrastructures Limited (NCLT Kolkata)
Breach of the terms and conditions of payment in accordance with a settlement agreement does not constitute an “Operational Debt” as per the definition under Section 5 (21) of the I&B Code and accordingly that cannot be a ground to trigger CIRP against the Corporate Debtor.
The National Company Law Tribunal (NCLT) Kolkata recently deliberated on a crucial matter involving Amrik Cranes and Infrastructure (Operational Creditor) versus Simplex Infrastructures Limited (Corporate Debtor). This...






