NCLT Mumbai admits Avendus Finance’s insolvency petition against Acute Retail Infra. The court found debt and default, rejecting the corporate debtor’s objections, including the argument about a lack of specific board resolution.
NCLT Mumbai held that the Corporate Debtor has committed a default in repayment of debt which is due and payable to the Financial Creditor. Accordingly, application u/s. 7 of the Insolvency and Bankruptcy Code admitted for initiation of CIRP against Corporate Debtor.
The NCLT Ahmedabad case of Hitesh Shah & Anr vs. Aquafil Polymers Company Pvt Ltd & Ors examines whether an arbitration clause in a Share Purchase Agreement overrides NCLT’s jurisdiction in oppression and mismanagement petitions.
The computation of the amount claimed in all three demand notices was never explained. It is quite apparent that while the guarantors in all the cases mentioned a limiting amount of the guarantor’s liability, the bank has simply demanded from them the amount of the loan outstanding in the principal borrower’s account.
NCLT Delhi held that application u/s. 9 of Insolvency and Bankruptcy Code, 2016 for initiating CIRP against corporate debtor admitted as Operational Creditor satisfied all the required criteria and no pre-existing dispute was present in relation to payment of revised wages by the Corporate Debtor.
NCLT Delhi held that non-payment of outstanding lease rent falls under the ambit of ‘Operational Debt’ as defined under section 5(21) of the Insolvency and Bankruptcy Code, 2016. Accordingly, application u/s. 9 for initiating CIRP admitted.
NCLT Mumbai held that application under section 7 of the Insolvency and Bankruptcy Code [IBC] deserves to be admitted once it is proved that there is financial debt in respect of which default has been committed by the Corporate Debtor.
The Corporate Debtor never contested the debt or offered any kind of restructuring or settlement plan, according to the Financial Creditor. Since the purported date of default on October 1, 2021, no partial payments have been paid.
Delhi NCLT rejected Imperial Banquets & Dining’s insolvency application, stating it aimed to evade government dues owed to DTTDC, not genuine resolution.
NCLT Delhi held that the pendency of proceedings before Debt Recovery Tribunal [DRT] does not preclude or bar the initiation of Corporate Insolvency Resolution Process [CIRP] under the Insolvency and Bankruptcy Code, 2016 [IBC].
