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Abhijit Bhattacharjee Vs. COSR Ventures and Anr. – Supreme Court Read Post »
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Globex Vs. Lumiford Pvt. Ltd. – NCLT Hyderabad Bench Read Post »
NCLAT held that there is no embargo on the Operational Creditor, to file a Section 9 Petition, under IBC, even if there is an arbitration clause in the agreement. The scope and objective of the Code is resolution and not a recovery mode / forum. In the instant case, the Adjudicating Authority based on the material on record had arrived at a conclusion that there were recurring defaults on behalf of the Corporate Debtor and that the Operational Creditor, has requested for full and final payment of the outstanding dues.
