Financial Debt Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS and deposit in Form 16-A under Section 194-A of Income Tax Act proves the deduction was TDS relating to ‘Interest other than interest on securities’: NCLAT observes

In the instant matter an appeal was preferred against the order of NCLT admitting S. 7 IBC application or repayment of financial debt. Upholding the order of the NCLT, the Tribunal held that even if there is no proof of loan agreement other materials on record can prove the financial debt.

Experts Corner Khaitan & Co

Recovering Foreign Award Debts in Insolvency Proceedings

by Kartikey Mahajan, Siddhant Sharma and Jatan Rodrigues

Cite as: 2022 SCC OnLine Blog Exp 87

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can default in payment of instalments under the settlement agreement be defined as an operational debt? NCLT decides

National Company Law Tribunal, New Delhi: The bench of Abni Rajan Kumar Sinha, Judicial Member and Hemant Kumar Sarangi, Technical Member has

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can post-dated cheque issued for repayment of principal amount be taken as unqualified admission of debt? NCLT Allahabad decides

National Company Law Tribunal, Allahabad (NCLT): The bench of Rajasekhar V.K., Judicial Member and Virendra Kumar Gupta, Technical Member decided that for

Case Briefs Supreme Court

Liability in respect of a claim arising out of a Recovery Certificate is a “financial debt” under Section 5(8) of the IBC: Supreme Court

Supreme Court: The 3-judge bench of L. Nageswara Rao, BR Gavai* and AS Bopanna, JJ has held that a liability in respect

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Company Law Tribunal orders insolvency proceedings against Supertech: Indebted and defaulted repayment of loan

National Company Law Tribunal, New Delhi: The Coram of P.N. Prasad, Judicial Member and Rahul Bhatnagar, Technical Member, declared insolvency proceedings against

Cyril Amarchand Mangaldas Experts Corner

‘Interest’: A Legal Quandary under IBC

by Bishwajit Dubey† and Prafful Goyal††
Cite as: 2022 SCC OnLine Blog Exp 25

Akaant Mittal Experts Corner

Whether a Decree or an Arbitral Award or a Settlement Deed can Form the Basis of a Financial or Operational Debt under IB Code [Part III]

by Akaant Kumar Mittal±
Cite as: 2022 SCC OnLine Blog Exp 14

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rejects withdrawal application under S. 12-A IBC where corporate debtor entered into settlement only with a fraction of creditors: CIRP against Rolta India Ltd. will continue

National Company Law Tribunal, NCLT Mumbai: Coram of Suchitra Kanuparthi, Judicial Member and Chandra Bhan Singh, Technical Member, observed that, “…a Judicial

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT Decodes | Whether working capital provided by an investor to run a restaurant would come under the ambit of Financial Debt?

National Company Law Tribunal (NCLT): Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) held that ‘Working Capital’

Case Briefs Tribunals/Commissions/Regulatory Bodies

Directors of the ‘Corporate Debtor’ held to be ‘Financial Creditor’ against the same company in light of outstanding unsecured debt: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial),