Where operational creditor seeks to initiate insolvency process against a Corporate Debtor, it can only be done in clear cases where no real dispute exists – Oyster Steel and Iron Pvt. Ltd. Vs. Brilliant Metals Pvt. Ltd. – NCLAT New Delhi

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All the statutory provisions for the conduct of CIRP are interlinked, it doesn’t leave any scope to the IRP/RP to skip any of the provisions & when the constitution of the CoC itself is found to be tainted, then the decision of that CoC cannot be validated on the pre-text of exercise of commercial wisdom – Jayanta Banerjee Vs. Shashi Agarwal Liquidator of INCAB Industries Ltd – NCLAT New Delhi

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