It is ultra vires the IBC to invoke the provisions of the Companies Act, in the absence of any specific provision in the Code or Rules permitting such invocation – Ashok Velamur Seshadri, Liquidator of M/s. Archana Motors Pvt. Ltd. Vs. Shibu Job Cheeran Suspended Managing Director of Archana Motors Pvt. Ltd. – NCLT Kochi Bench

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A dispute about the term of settlement agreement as far as calculation of interest amount is cannot be resolved before this Adjudicating Authority – Permali Wallace Pvt. Ltd. Vs. Narbada Forest Industries Pvt. Ltd. – NCLT Indore Bench

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The claims of workmen are classified as “service claim” and “welfare claims”. The service is considered as operational debt but the welfare claim does not consider as operational debt – Autokast Retired Employees welfare (AREWU) Vs. M/s. Autokast Ltd. – NCLT Kochi Bench

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A bare perusal of the Section 4 of IBC makes it clear that the amount of default as on date of filing of the application should be within the prescribed threshold when the application is filed – M/s Inter Plaza Impex LLP & Ors. Vs. M/s Columbus Overseas LLP – NCLT Jaipur Bench

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