Duke Fabrics (India) Vs Sadan Hosiery Private Limited
.... of Suspended Board of Bombay Rayon Fashions Ltd. Vs. Vikash Parasrampuria [Company Appeal (AT) (Ins) No. 690 of 2022], wherein it has been held that under Section 4 of the Insolvency & Bankruptcy Code ('IBC'), an Operational Creditor can club the 'interest' with the principal amount, provid ...
National Company Law Tribunal, Chandigarh Bench
Sabarmati Gas Limited Vs Shah Alloys Limited
.... imilar context, the draftsman of the statute intends that the word bears the same meaning throughout the statute (see Bhogilal Chunilal Pandya v. State of Bombay 1959 Supp (1) SCR 310, AIR 1959 SC 356, 1959 Cri LJ 389, Supp SCR at pp. 313- 14). It is thus clear that the expression “default” bear ...
Supreme Court Of India
Truetech Constructions Pvt Ltd Vs Vensar Constructions Company Ltd
.... nal Creditor has also claimed Reinforcement Steel (work in progress not billed by executed at site) to the tune of Rs.31,18,225/- and the total due from the Corporate Debtor was Rs.57,58,175/- towards work done by the Operational Creditor under the contract executed by the Corporate Debtor. The ...
National Company Law Tribunal, Hyderabad Bench 1
State Of West Bengal Through The Principal Secretary 'West Bengal Biotech Development Corporation Limited' Vs Keshav Park Private Limited
.... Corporate Debtor is deemed unable to pay its debt. Therefore the Operational Creditor initiated action under Section 9 of the Code Insolvency and Bankruptcy Code, 2016. 9.5 The Adjudicating Authority had mentioned in its Order that when the case was taken up for hearing, the le ...
National Company Law Appellate Tribunal New Delhi
M/S Straight Edge Contracts Pvt. Ltd. Vs M/S Three C Shelters Pvt. Ltd.
.... rate debtor is not denied. the material on record clearly goes to show that the respondent committed default in payment of the claimed operational debt even after demand made by the applicant operational creditor. In fact, there is a clear admission of debt and default and therefore there is no ...
National Company Law Tribunal New Delhi Bench
Adonis Electronics Pvt. Ltd Vs Saka Ltd
.... comply with any additional requirement as provided in Clauses (d) and (e) of sub-section (3) of Section 9 of the Code. 18. In terms of sub-section (4) of Section 9 of the Code the Petitioner Operational Creditor has proposed the name of Shri. Manish Aggarwal, for appointment as Interim Reso ...
National Company Law Tribunal New Delhi Bench
Crompton Greaves Consumer Electricals Limited Vs K. P. R. Industries (India) Limited
.... f 2017 on 28th July, 2017 in arriving at the conclusion that an advocate holding no position with or in relation to the Operational Creditor, in absence of any authority of the Board of Directors, cannot issue any notice under Section 8 of the I&B Code. The aforesaid judgement has been set a ...
National Company Law Appellate Tribunal New Delhi
Uttam Galva Steels Limited Vs DF Deutsche Forfait AG & Ant
.... s in statute as being redundant or surplus, and particularly when such 10 words can have proper application in circumstances conceivable within the contemplation of the statute. 16. For determination of the issue whether a provision is mandatory or not, it will be desirable to refer to deci ...
National Company Law Appellate Tribunal New Delhi
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