Habeas corpus challenge to arrest safeguards remains maintainable, but substantial compliance with reasons-to-believe requirement defeats the petition...
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The NCLAT dismissed the appeal and upheld the Adjudicating Authority's order admitting the Operational Creditor's application for initiating CIRP against the Corporate Debtor. The key findings were: The Corporate Debtor admitted the outstanding operational debt exceeding the threshold limit through letters and emails. The alleged pre-existing disputes raised by the Corporate Debtor lacked credible evidence and appeared to be a moonshine defense. The Corporate Debtor failed to substantiate the claim of misappropriation of goods by the Operational Creditor. All conditions for initiating CIRP u/s 9 were fulfilled, and the Adjudicating Authority rightly admitted the application.
The NCLAT dismissed the appeal and upheld the Adjudicating Authority's order admitting the Operational Creditor's application for initiating CIRP against the Corporate Debtor. The key findings were: The Corporate Debtor admitted the outstanding operational debt exceeding the threshold limit through letters and emails. The alleged pre-existing disputes raised by the Corporate Debtor lacked credible evidence and appeared to be a moonshine defense. The Corporate Debtor failed to substantiate the claim of misappropriation of goods by the Operational Creditor. All conditions for initiating CIRP u/s 9 were fulfilled, and the Adjudicating Authority rightly admitted the application.
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