Whether Earnest Money Deposit(EMD) paid by Operational Creditor against tender for services would amount to an “Operational Debt” within the meaning of the IBC, 2016? – Supreme Transport Organisation Pvt. Ltd. Vs. Maharashtra Airport Development Company Ltd. – NCLT Mumbai Bench

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Creeping up an escalating liability to Chairpersons of large conglomerates/companies for cheques issued in day-to-day affairs of the business of a company would unfairly and unnecessarily expand the provisions of vicarious liability under the provisions of the Negotiable Instruments Act – Yashovardhan Birla Vs. Cecil Webber Engineering Ltd. & Ors – Delhi High Court

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Allowing a creditor’s claim at a belated stage will not only be unfair to the other creditors who could not file their claim with the RP because of the delay but would also dilute the purpose of publication of Form A – Peecon Developer Pvt. Ltd. Vs. Bimal Agarwal RP of Dagcon (India) Pvt. Ltd. – NCLT Kolkata Bench

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The Adjudicating Authority is to record analytical subjective satisfaction which is a precondition before according an Approval to the Resolution Plan – Antanium Holdings Pte. Ltd. Vs. M/s. Sujana Universal Industries Limited Through its RP Mr.Ramakrishnan Sadasivan – NCLAT Chennai

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