Case Law Details
Case Name : Usha Holdings LL.C. & Anr. Vs Francorp Advisors Pvt. Ltd. (NCLAT Delhi)
Related Assessment Year :
Courts :
NCLAT
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Usha Holdings LL.C. & Anr. Vs Francorp Advisors Pvt. Ltd. (NCLAT Delhi)
Conclusion –
The National Company Law Appellate Tribunal concluded that the National Company Law Tribunal (NCLT) is not a ‘Court’ or a ‘Tribunal’ and hence cannot decide legality of a foreign decree. NCLAT held that deciding the legality or illegality of a foreign decree is outside the jurisdiction of NCLT.
The appellant does not come within the meaning of ‘operational debt’ and thereby the appellant cannot be held to be the ‘operational creditor’.
Facts –
In December, 2012, the appellant filed ...
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To recall : For the proposition, in general, why ‘Tribunal’ is not a ‘court’, and could never be a sustitute to ‘court’, ‘in its legal connotation, for a detailed judicial opion see SC Judgment in –
Madras Bar Association vs Union Of India & Anr.
https://indiankanoon.org/doc/181443842/