Search Results for Tag : Operational Creditor

News

Operational Creditors should Get a Say and Vote in Insolvency Process: SC(14.12.2018)

Supreme Court has observed that Operational creditors of companies undergoing the corporate insolvency resolution process should have a say in the com.....

Tags : Supreme Court, Operational Creditors, Insolvency Process

NCLAT, Delhi: Operational Creditor is At Liberty to File Legal Proceedings to Recover Claims(21.02.2022)

National Company Law Appellate Tribunal (NCLAT), Delhi has held that the Operational Creditor is at liberty to file appropriate legal proceedings to r.....

Tags : National Company Law Appellate Tribunal, Operational Creditor

SC: Operational Creditor Includes All Those Who Provide or Receive Operational Services(07.02.2022)

Supreme Court has observed that operational creditor includes all those who provide or receive operational services from the corporate debtor, which u.....

Tags : Supreme Court, Operational Creditor

Registered Trade Union can File Insolvency Petition as Operational Creditor: SC(01.05.2019)

Supreme Court has held that a registered trade union can maintain a petition as an operational creditor on behalf of its members.

Tags : Supreme Court, Operational Creditor, Registered Trade Union

SC Stays CIRP Proceedings on Behalf of Operational Creditor Making Futuristic Claims(17.08.2020)

Supreme Court has stayed the Corporate Insolvency Resolution Process (CIRP) pending against a Corporate Debtor, in view of the "futuristic claims" mad.....

Tags : Supreme Court, Operational Creditor Making Futuristic Claims

NCLT: Salary During Notice Period Does Not Fall Within the Definition of 'Operational Debt' Under IBC(26.05.2022)

National Company Law Tribunal, Mumbai Bench has held that salary for purported notice period amounts to specific performance of the appointment letter.....

Tags : National Company Law Tribunal, Operational Debt, Operational Creditor

NCLT: IBC Doesn’t Have Provision to Issue Multiple Demand Notices before Filing Petition u/s 9(24.12.2024)

NCLT New Delhi bench has held that the Insolvency and Bankruptcy Code, 2016 doesn’t contain a provision that allows Operational Creditor to issue mult.....

Tags : NCLT New Delhi, Multiple Demand Notices, Operational Creditor

NCLAT: Approval of RP Can’t be Questioned by OC When Provided with More than Liquidation Value(07.03.2025)

NCLAT New Delhi bench has held that Operational Creditors cannot question Resolution Plan approved by the Adjudicating Authority when they are provide.....

Tags : NCLAT New Delhi, Operational Creditors, Resolution Plan

NCLAT: OC Can Trigger CIRP Process Only When there is an Undisputed Debt(17.03.2025)

NCLAT New Delhi bench has held that Operational Creditor (OC) can trigger CIRP Process only when there is existence of an undisputed debt and default .....

Tags : NCLAT New Delhi, Operational Creditor, Undisputed Debt

IBBI Asks to Furnish Extracts of GSTR-1, GSTR-3B & E-Way Bills Along With Application(17.06.2022)

Insolvency and Bankruptcy Board of India (IBBI) has notified that the operational creditors shall furnish extracts of GSTR-1, GSTR-3B and e-way bills,.....

Tags : IBBI, GSTR, Operational Creditors

NCLAT: Even if No Reply is Given to Demand Notice, CD Not Barred from Contesting App. u/s 9(18.02.2025)

NCLAT New Delhi bench has held that Corporate Debtor cannot be barred from contesting the application filed under section 9 of IBC even if no reply wa.....

Tags : NCLAT New Delhi, Corporate Debtor, Operational Creditor

NCLAT: Can’t Maintain Joint Application if Individuals Claims do Not Meet Threshold Limit(05.05.2025)

NCLAT New Delhi bench has held that a joint application filed by operational creditors under Section 9 of the Insolvency and Bankruptcy Code, 2016 sha.....

Tags : NCLAT New Delhi, Joint Application, Operational Creditor

NCLAT Dismisses Appeal by a Contractor against DLF(06.05.2025)

NCLAT New Delhi bench has dismissed an appeal filed by a contractor against DLF u/s 61 of IBC, 2016 claiming a debt and stated that multiple exchanges.....

Tags : NCLAT New Delhi, Corporate Debtor, Operational Creditor

NCLT Delhi: If Contract Prohibits Interest, Operational Creditor Cannot Claim it(13.05.2025)

NCLT New Delhi bench has held that an Operational Creditor cannot claim interest on the amount due if the contract prohibits charging of the interest.

Tags : NCLT New Delhi, Operational Creditor, Contract

NCLT Delhi: Can’t Adjust Payment Made for Specific Invoice Against Back Dated Invoices(13.05.2025)

NCLT New Delhi bench has held that if a Corporate Debtor makes a payment against a specific invoice raised by the Operational Creditor then such payme.....

Tags : NCLT New Delhi, Corporate Debtor, Operational Creditor

Judgments

A registered trade union can maintain a petition as an operational creditor on behalf of its members(30.04.2019)

The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolve.....

Tags : Operational creditor, Trade union, Representation

A registered trade union can maintain a petition as an operational creditor on behalf of its members(30.04.2019)

The present appeal raises an important question as to whether a trade union could be said to be an operational creditor for the purpose of the Insolve.....

Tags : Operational creditor, Trade union, Representation

Application under Section 9 of the IBC after completion of the Corporate Insolvency Resolution Process against Corporate Debtor is not maintainable(13.06.2022)

Present is a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Bharat Pipe Fitting Co. (Operational Creditor.....

Tags : Operational Creditor, Right, CIRP