CIRP can be initiated against Principal Borrower even during ongoing CIRP of Corporate Guarantor where Section 7 application filed by different financial creditors for different projects and filing of claim in the ongoing CIRP against Corporate Guarantor does not preclude the Financial Creditor from filing a CIRP application u/s 7 of IBC against Principal Borrower – Assets Care and Reconstruction Enterprise Ltd. Vs. Supertech ORB Project Pvt. Ltd. – NCLT Allahabad Bench

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During hearing of CIRP application u/s 7 of IBC, NCLT cannot force Financial Creditor to settle its outstanding dues with Corporate Debtor – Avargreen Organic Foods Pvt. Ltd. Vs. Raghupati Construction Pvt. Ltd. – NCLT Allahabad Bench

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Once dispute has been adjudicated by Arbitrator and award has been passed in favour of  Operational Creditor, the Operational Creditor cannot be allowed to go for forum shopping and rake up the issue for making a case for alleged default against the Corporate Debtor u/s 9 of the Code – SRV Techno Engineering Pvt. Ltd. Vs. Purvanchal Vidyut Vitran Nigam Ltd. – NCLT Allahabad Bench

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An agreement to resell products on e-commerce platform/Amazon where Applicant paid some amount with some assured profit margins would not confer the status of a Financial Debt – Rajesh Alfred Vs. Ketsaal Retails LLP – NCLT Allahabad Bench

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