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Corporate Law

NCLAT Upholds Section 9 Admission as Separate Supply Obligations Created Operational Debt

Case Law Details

Case Name
Amarendra Mohapatra Vs Daga Power Systems & Engineers Pvt. Ltd. & Anr. (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
NCLAT
Advertisement Amarendra Mohapatra Vs Daga Power Systems & Engineers Pvt. Ltd. & Anr. (NCLAT Delhi) Joint Venture Partner Treated as Operational Creditor Because Supply Component Was Separately Defined; Section 9 Insolvency Proceedings Sustained Because Corporate Debtor Acknowledged Supply Dues; NCLAT Rejects JV Defence Because Claim Related Only to Unpaid Supply Invoices; Operational Debt Established Because Corporate Debtor Availed GST Input Tax Credit on Invoices; Section 10A Defence Rejected Because Default Date Fell Outside Covid Suspension Period; NCLAT Says Acknowledged Supply...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,776

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