Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The NCLAT upheld the maintainability of the Section 7 application, determining that the amount advanced by Respondent No. 1 constituted a financial debt rather than an operational debt. The agreement evidenced a financial contribution of Rs. 35 lakh secured by a demand promissory note with interest, intended to support the corporate debtor's business expansion and procurement of specialized equipment, not for purchase of goods or services. The tribunal rejected the appellant's argument that the debt related to operational activities, emphasizing the need to ascertain the true nature of the transaction. Consequently, the impugned order was affirmed, and the appeal was dismissed.
The NCLAT upheld the maintainability of the Section 7 application, determining that the amount advanced by Respondent No. 1 constituted a financial debt rather than an operational debt. The agreement evidenced a financial contribution of Rs. 35 lakh secured by a demand promissory note with interest, intended to support the corporate debtor's business expansion and procurement of specialized equipment, not for purchase of goods or services. The tribunal rejected the appellant's argument that the debt related to operational activities, emphasizing the need to ascertain the true nature of the transaction. Consequently, the impugned order was affirmed, and the appeal was dismissed.
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