<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2017 (6) TMI 1226 - NATIONAL COMPANY LAW TRIBUNAL, ALLAHABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=273239</link>
    <description>Proved operational debt and default under the IBC justified admission of the insolvency petition: supply of goods, invoices, non-payment, and the corporate debtor&#039;s own books and statutory returns established liability. A memorandum of understanding could not defeat the operational creditors&#039; claim because there was no assent, privity, or valid novation in their favour under the Contract Act. Filing through an authorised signatory was also upheld, as subsequent board ratification cured the authorisation defect. The insolvency applications were admitted, moratorium was directed, and an interim resolution professional was to be nominated.</description>
    <language>en-us</language>
    <pubDate>Thu, 01 Jun 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 12 Jun 2018 18:39:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=523284" rel="self" type="application/rss+xml"/>
    <item>
      <title>2017 (6) TMI 1226 - NATIONAL COMPANY LAW TRIBUNAL, ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=273239</link>
      <description>Proved operational debt and default under the IBC justified admission of the insolvency petition: supply of goods, invoices, non-payment, and the corporate debtor&#039;s own books and statutory returns established liability. A memorandum of understanding could not defeat the operational creditors&#039; claim because there was no assent, privity, or valid novation in their favour under the Contract Act. Filing through an authorised signatory was also upheld, as subsequent board ratification cured the authorisation defect. The insolvency applications were admitted, moratorium was directed, and an interim resolution professional was to be nominated.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Thu, 01 Jun 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=273239</guid>
    </item>
  </channel>
</rss>