Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Maintainability of application u/s 7 of IBC examined. Existence of debt and default established through Loan Agreement, Promissory Note, Audit Report, and Record of Default from Information Utility. Corporate Debtor's contention of loan being for general corporate purposes rejected. Stamping issue does not negate substantive evidence of debt and default. Adjudicating Authority's dismissal of application erroneous. Appeal allowed, impugned order set aside.
Maintainability of application u/s 7 of IBC examined. Existence of debt and default established through Loan Agreement, Promissory Note, Audit Report, and Record of Default from Information Utility. Corporate Debtor's contention of loan being for general corporate purposes rejected. Stamping issue does not negate substantive evidence of debt and default. Adjudicating Authority's dismissal of application erroneous. Appeal allowed, impugned order set aside.
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