In order to club other charges such as interest, legal charges, balance cost of amortization and/or notice period rent with principal amount to meet threshold limit u/s 4 of IBC express stipulation has to be incorporated specifically in the agreement, the purchase order or the invoice and in the absence of the same, neither interest nor any other charges can be clubbed with the principal amount – North West Carrying Company, LLP Vs. Metro Cash and Carry India Pvt. Ltd. – NCLT Bengaluru Bench

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The properties of the corporate debtor, which include the accounts lying at credit in the bank accounts of the corporate debtor, should be available to the Resolution Professional to keep it as a going concern – Ram Ratan Modi (RP of Duncans Industries Limited) Vs. State Bank of India – NCLT Kolkata Bench

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In the absence of a clear intention of the parties regarding the ‘seat’ of arbitration to anchor the arbitration proceedings, the court would have to gather the intent from other clauses in the agreement as well as from the conduct of the parties – Patil Rail Infrastructure Pvt. Ltd. Vs. Ministry of Railway & Anr. – Delhi High Court

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Merely because the Corporate Debtor had enough liquidity to run the Company as a going concern, the act of the Banks to adjust the credit balance in the Cash Credit Account towards the debit balance after CIRP commenced, cannot be justified – Bank of India Vs. Mr. Bhuban Madan RP of Ferroy Alloys Corporation Ltd. – NCLAT New Delhi

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