Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Non-payment on the contractual due date constitutes a default under the Insolvency and Bankruptcy Code, and later adjustment of dues from cash collateral does not erase that historical default; it only affects the outstanding computation. The Appellate Tribunal noted that the Section 7 pleadings disclosed the facility documents, the missed payment, the subsequent recoupment from security, the loan recall notice, and the continuing liability. It held that the Adjudicating Authority erred in treating the application as defective for want of a correct default date or updated calculation. The rejection of the Section 7 application was set aside and the matter was restored for fresh consideration in accordance with law.
Non-payment on the contractual due date constitutes a default under the Insolvency and Bankruptcy Code, and later adjustment of dues from cash collateral does not erase that historical default; it only affects the outstanding computation. The Appellate Tribunal noted that the Section 7 pleadings disclosed the facility documents, the missed payment, the subsequent recoupment from security, the loan recall notice, and the continuing liability. It held that the Adjudicating Authority erred in treating the application as defective for want of a correct default date or updated calculation. The rejection of the Section 7 application was set aside and the matter was restored for fresh consideration in accordance with law.
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