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Corporate Law

Non-Acceptance of Goods Doesn’t Constitute Operational Debt under IBC: NCLT

Case Law Details

Case Name
Adishank Chemicals Pvt. Ltd. Vs Baerlocher India Additives Pvt. Ltd. (NCLT Mumbai)
Date of Judgement/Order
Only available for paid members
Courts
NCLT
Advertisement Adishank Chemicals Pvt. Ltd. Vs Baerlocher India Additives Pvt. Ltd. (NCLT Mumbai) In a recent judgment, the National Company Law Tribunal (NCLT), Mumbai, has dismissed a petition filed by Adishank Chemicals Pvt. Ltd. against Baerlocher India Additives Pvt. Ltd. under Section 9 of theInsolvency and Bankruptcy Code (IBC), 2016 (IBC). The petition sought the initiation of Corporate Insolvency Resolution Process (CIRP) for an alleged unresolved operational debt of Rs. 1,35,20,600 as on March 31, 2023. Case Background Adishank Chemicals, the Operational Creditor, contended that it...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,795

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