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Mere finding on an Interlocutory Application that the debt claimed by the Creditor constituted a financial debt would not ipso facto justify admission or rejection of the application- Kerala Ayurveda Ltd. Vs. Tata Global Beverages Ltd. – NCLAT

NCLAT held that it emerges from the record that the application under Section 7 of the Code has not been dealt with at the stage of admission and no order has been passed either admitting or rejecting the application. Mere finding on an Interlocutory Application that the debt claimed by the Creditor constituted a ‘financial debt’ would not ipso facto justify admission or rejection of the application as learned Adjudicating Authority is required to consider the debt along with default and unless there is a finding in respect of default and an order of admission is passed, ‘Corporate Insolvency Resolution Process’ does not commence. Viewed in this perspective, it is futile to contend that the appeal in terms of Section 60(1) shall be maintainable.

Mere finding on an Interlocutory Application that the debt claimed by the Creditor constituted a financial debt would not ipso facto justify admission or rejection of the application- Kerala Ayurveda Ltd. Vs. Tata Global Beverages Ltd. – NCLAT Read Post »

Breach of Section 3(1) of RERA showing the photograph of the upcoming breach in a corner of website before registration of the real estate project with the Real Estate Regulatory Authority – Maithri Developers Vs. The Real Estate Regulatory Authority – Karnataka High Court

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Breach of Section 3(1) of RERA showing the photograph of the upcoming breach in a corner of website before registration of the real estate project with the Real Estate Regulatory Authority – Maithri Developers Vs. The Real Estate Regulatory Authority – Karnataka High Court Read Post »

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