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Corporate Law

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)
Date of Judgement/Order
Only available for paid members
Courts
NCLT
Advertisement 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...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,797

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