Search Results for Tag : financial debt

Judgments

In case of default, Financial creditor either by itself or jointly with other financial creditor could file application for initiating CIRP against Corporate Debtor(07.11.2017)

The 'Financial Creditor'-Central Bank of India has filed the instant application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ('the Cod.....

Tags : Financial debt, CIRP, Appointment

Collusive or sham transactions with a corporate debtor will not amount to "financial debt" within the meaning of the Insolvency and Bankruptcy Code 2016(IBC)(01.02.2021)

CIRP has been initiated against the Corporate Debtor on an application filed by an Operational Creditor under section 9 of Insolvency and Bankruptcy C.....

Tags : Financial Debt, Collusive or sham transactions

In order to qualify the debt to be a 'financial debt', it is necessary that the amount advanced to the Corporate Debtor is against the time value of money(22.03.2023)

The instant Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) has been preferred by the Appellant being aggrieved and dissatis.....

Tags : Resolution Process, Initiation, Financial Debt

NCLT has discretion to admit an application under Section 7 of IBC on existence of a financial debt, unless there are good reasons to reject it(11.05.2023)

The Respondent-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the National Company Law Tribunal. T.....

Tags : Financial debt, Application, Discretion

For the amount to be construed as a 'Financial Debt', there should be a direct disbursal of the amount owed(01.06.2023)

Present Appeal under Section 61 of the 'Insolvency and Bankruptcy Code, 2016' (IBC) is against Impugned Order, where by the Adjudicating Authority, ha.....

Tags : CIRP, Initiation, Financial debt

News

NCLT: Indemnity of Obligations Under an Agreement Is Not 'Financial Debt' Under IBC(14.10.2022)

National Company Law Tribunal, Mumbai while adjudicating an application has observed that indemnity of the obligations under the Agreement is not a 'f.....

Tags : National Company Law Tribunal, financial debt, indemnity, Agreement

Supreme Court Explains: Debt Becoming Financial & Operational Debt(27.04.2024)

SC has explained that where a party owes debt to another and when creditor is claiming under written agreement/arrangement providing for rendering ser.....

Tags : Supreme Court, Operational Debt, Financial Debt

Can Consider Raising Money Through Optional Convertible Debentures as Financial Debt(10.12.2024)

New Delhi bench has held that if money is raised by issuance of convertible debentures with an option to be later converted into equity shares then it.....

Tags : New Delhi, Convertible Debentures, Financial Debt

NCLT: Can’t Call Speculative Investment a 'Financial Debt' in Absence of Commercial Effect of Borrowi(07.04.2025)

NCLT New Delhi bench while dismissing an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016 has held that a speculative inv.....

Tags : NCLT New Delhi, Financial Debt, Commercial Effect

NCLT: Financial Debt Constitutes Disbursal Against Time Value of Money(14.04.2025)

NCLT Kolkata bench while allowing an application filed under Section 7 of the IBC, has observed that financial debt exists where money is disbursed ag.....

Tags : NCLT Kolkata, Section 7, Financial Debt

NCLAT: Conversion of Partner's Dues Into Loan Can’t become Financial Debt(14.04.2025)

NCLAT New Delhi bench has held that conversion of dues of partner against the partnership firm do not qualify as financial debt under Section 5(8) of .....

Tags : NCLAT New Delhi, Financial Debt, Partner's Dues

NCLAT: Injecting Funds in CD for Profits Would Come within Definition of Financial Debt(24.02.2025)

NCLAT New Delhi bench has held that infusion of funds in the Corporate Debtor (CD) with the purpose of generating profits would come within the defini.....

Tags : NCLAT New Delhi, Financial Debt, Corporate Debtor

NCLAT: Cannot Consider Interest Free Maintenance Fee Deposited by Allottees as Financial Debt(03.03.2025)

NCLAT New Delhi bench has held that the payment of interest free maintenance fee to be made by allottees to the corporate debtor under the Conveyance .....

Tags : NCLAT New Delhi, Maintenance Fee, Financial Debt

NCLAT: Existence of Financial Debt Essential for Initiating Proceedings under Section 7 of IBC(11.03.2025)

NCLAT New Delhi bench while dismissing a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, has stated that for initiating pr.....

Tags : NCLAT New Delhi, Financial Debt, Section 7