Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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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