Introduction The fundamental legislative intent behind the enactment of IBC has been the resolution of Corporate Debtors. Compared to previous laws, the distinguishing feature of the Code is that it does not to operate as a mere debt recovery route for creditors. The doctrine of fresh slate is of much significance in achieving the objective […]
Judgements of various NCLT Benches have had conflicting views on whether a Sole Proprietorship can apply to the Adjudicating Authority under the Code for initiating Insolvency Resolution Process of a Corporate Debtor for the outstanding debt which is due and payable.
Recently, the Supreme Court in the decision of Embassy Developments vs. State of Karnataka had held that a Corporate Debtor could not avail the benefit of Mortarium under Section 14 of the Code to seek for deemed extension of lease agreement.
