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...
Settlement of the operational creditor's claim after commencement of CIRP supported closure of the insolvency process. The parties acknowledged that the transportation-charge claim was subject to a pre-existing dispute, particularly concerning distance measurement, before the demand notice was issued. The operational creditor confirmed full satisfaction of its claim and consented to setting aside the admission order, while no other creditor claim remained after discharge of the provident fund claim. The NCLAT therefore set aside the order admitting the corporate debtor to CIRP and closed the process.
Settlement of the operational creditor's claim after commencement of CIRP supported closure of the insolvency process. The parties acknowledged that the transportation-charge claim was subject to a pre-existing dispute, particularly concerning distance measurement, before the demand notice was issued. The operational creditor confirmed full satisfaction of its claim and consented to setting aside the admission order, while no other creditor claim remained after discharge of the provident fund claim. The NCLAT therefore set aside the order admitting the corporate debtor to CIRP and closed the process.
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