For establishing the fraudulent purpose under Section 66 of IBC, it must be shown that the Ex-Directors of the Corporate Debtor knew that the Company was insolvent but continued to run business with dishonest intentions – Mr. Shibu Job Cheeran, Suspended Director of CD Vs. Mr. Ashok Velamur Seshadri, Liquidator of M/s. Archana Motors Ltd. – NCLAT Chennai

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Interpretation of the phrases “all the debts” and “any legal actions or proceedings pending in respect of any debt” as are referred to in Section 96 of IBC and proceedings under Section 138 of NI Act, 1881 even a cheque was issued by the Personal Guarantor in his personal capacity and was not in any manner in discharge of any corporate debt – Vijay Kumar Ghai Vs. Pritpal Singh Babbar – Punjab & Haryana High Court

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Any prosecution under Section 70 of the IBC can be initiated only in accordance with the procedure as provided under Section 236(2) and not by the Resolution Professional – Vivek Prakash (Suspended Director & MD) Vs. Dinesh Kr. Gupta, Liquidator of M/s Jarvis Infratech Pvt. Ltd. & Anr. – NCLAT New Delhi

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Without a final decision on the prayer for restoration of an appeal under Section 37 of the Arbitration Act, the insolvency process at the instance of an operational creditor cannot be put into operation – M/s Jai Balaji Industries Vs. D.K. Mohanty & Anr. – Supreme Court

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