Posts tagged with "IBC"

IBC - Notice
Notice issued through Advocate or by a person other than an Advocate – Authorisation - Affect of. #2021 SCeJ 068 (NCLAT) If the notice is returned unserved because of some reason other than that attributed to the party. #2021 SCeJ 065 (NCLAT) IBC, Section 8(1)
Admission made in an affidavit filed in another proceedings shall not be considered as a pleading but a document while ascertaining admission in a subsequent proceeding

IBC - Fraud, Forgery and what is a Debt....
Podcast on Insolvency and Bankruptcy Code, 2016, Section 7 (Supreme Court) Whether allegations of forgery and fraud can be decided in proceedings under the IBC ? Whether a personal Loan to a Promoter or a Director of a company can trigger the Corporate Resolution Process under the IBC ? Whether payment received for shares, can be a debt under the IBC?

Period of limitation for an application seeking initiation of CIRP under Section 7 of the Code
Doors of justice cannot be closed

IBC proceedings cannot be initiated based on time barred claims. Regardless of when IBC came into force, if more than three years had elapsed from the date of default, a creditor is not entitled to maintain an Application under the Code.
Civil Suit filed after receipt of demand notice - Will not be a dispute as defined in Section 5(6) of Code . NCLAT

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