Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Financial debt requires disbursement against consideration for the time value of money. A real estate allottee may be deemed to have advanced a debt with the commercial effect of borrowing only where the claimant has disbursed an amount to the corporate debtor. Where a flat is allotted solely to compensate unpaid advertisement service charges under an invoice, no such disbursement occurs. The claim therefore does not constitute financial debt, and the service provider cannot be recognised as a financial creditor under the insolvency framework.
Financial debt requires disbursement against consideration for the time value of money. A real estate allottee may be deemed to have advanced a debt with the commercial effect of borrowing only where the claimant has disbursed an amount to the corporate debtor. Where a flat is allotted solely to compensate unpaid advertisement service charges under an invoice, no such disbursement occurs. The claim therefore does not constitute financial debt, and the service provider cannot be recognised as a financial creditor under the insolvency framework.
Note: It is a system-generated summary and is for quick reference only.
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