South Indian Bank Ltd. and Anr. Vs. Jac Olivol Products Pvt. Ltd. and Ors. – Calcutta High Court
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Energy Efficiency Services Ltd. Vs. A-One Realtors Pvt. Ltd. – NCLT New Delhi Bench Read Post »
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M/s. Novho Careers Pvt. Ltd. Vs. M/s. Karvy Next Ltd. – NCLT Hyderabad Bench Read Post »
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Satya Narayan Sharma Vs. Anshul Gupta and Ors. – Supreme Court Read Post »
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In this case, by way of this IA, the Operational Creditor has sought directions upon the Corporate Debtor to file an affidavit disclosing the necessary documents such as Balance Sheets, Ledger Accounts, Trial Balance etc. The Adjudicating Authority dismissed the IA holding that the prayers made in this IA, seeking directions upon the Corporate Debtor to file the various documents enumerated in the prayers clause of this application, it seems unusual for this Adjudicating Authority to support the Operational Creditor by permitting its prayer to be granted thereby allowing the Corporate Debtor to file all the documents favouring the Operational but to the detriment of the Corporate Debtor. This Adjudicating Authority has a very limited jurisdiction of looking at the petition containing the information relating to existing outstanding debt and default in repayment thereof by the Corporate Debtor. If the Corporate Debtor has committed a default, the Operational Creditor has to place all documents on record. This Adjudicating Authority has only to see the authenticity of the information and the documents for reaching a conclusion whether a case for admission of the petition or initiation of CIRP is made out or not.
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Abhyudaya Co-operative Bank Ltd. Vs. Mithila Cars Pvt. Ltd. – NCLT Mumbai Bench Read Post »