Case Law Details
Case Name : Usha Holdings LL.C. & Anr. Vs Francorp Advisors Pvt. Ltd. (NCLAT Delhi)
Related Assessment Year :
Courts :
NCLAT
Become a Premium member to Download.
If you are already a Premium member, Login here to access.
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 ...
This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Kindly Refer to
Privacy Policy &
Complete Terms of Use and Disclaimer.
Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.
One Comment
Cancel reply
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/