Once a claim has been made by submitting Form-5, there is no provision in the Code, which enables the Operational Creditor to segregate the claims into valid and invalid claims during the proceedings and to plead that only valid claims may be considered for calculation of pecuniary threshold – Redpro Construction Pvt. Ltd. Vs. Skyline Infratech Pvt. Ltd. – NCLT New Delhi Bench Court-V

In case you've already logged in, click here to know why you're not able to access this content.

 

The use of the term ‘Default’ in Section 10A of IBC makes it clear that irrespective of the fact that the debt may or may not have occurred during the excluded period, but if the default in payment of such debt arose during the said period, then no proceeding for CIRP can ever be initiated against the Corporate Debtor for the said default occurring during the said period – Oncquest Laboratories Pvt. Ltd. Vs. Sanya GIC Imaging Pvt. Ltd. – NCLT New Delhi Bench Court-V

In case you've already logged in, click here to know why you're not able to access this content.

 

Can insolvency be initiated against a Company registered under Section 8 of the Companies Act, 2013 with a charitable objective of imparting and promoting education? – M/s. Educomp Infrastructure & School Management Ltd. Vs. M/s. Millenium Education Foundation – NCLT New Delhi Bench Court-V

In case you've already logged in, click here to know why you're not able to access this content.

 

Date of default can only be calculated when the invoice becomes due and payable and part payment made after the expiry of original period of three years from the date of last invoice cannot be considered an acknowledgment for extension of limitation period – M/s. SSP Pvt. Ltd. Vs. M/s. Govind Jee Dairy Milk Pvt. Ltd. – NCLT New Delhi Bench Court-V

In case you've already logged in, click here to know why you're not able to access this content.

 

The status of Financial Creditor cannot be accorded to a person who, in the garb of a lender comes in a Real Estate Project as a Speculative Investor and for mere recovery of monies files exorbitant claims – Mr. Rohit Prasad Vs. M/s S and N Lifestyle Infraventures Pvt. Ltd. – NCLT New Delhi Bench Court-V

In case you've already logged in, click here to know why you're not able to access this content.