As per Section 93A of the ESI. Act, whenever a transfer of an establishment takes place, the Corporation is at liberty to proceed either against the transferor or against the transferee or against both of them – Vidyasagar Textiles Vs. The Deputy Director Sub Regional Office (Madurai) Employees State Insurance Corporation – Madras High Court

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The Journal Entries not supported by any other additional evidence cannot be solely relied upon to prove that the amount claimed arises out of supply of goods and services to fall within the ambit of the definition of Operational Debt as defined under Section 5(21) of the IBC – G.L. Engineering Industries Pvt. Ltd. Vs. Supreme Engineering Ltd. – NCLAT New Delhi

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If the Resolution Plan contemplates a change in the nature of business of Corporate Debtor to another line when the existing business is obsolete or non-viable, it cannot be construed that the Resolution Plan is not feasible or viable – Next Orbit Ventures Fund Vs. Print House (India) Pvt. Ltd. – NCLAT New Delhi

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