<?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>2019 (7) TMI 1838 - NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH</title>
    <link>https://www.taxtmi.com/caselaws?id=296154</link>
    <description>A Section 7 IBC application was treated as complete where the record showed loan sanction and disbursement, acceptance of terms, execution of loan and guarantee documents, acknowledgements of liability, and continuing non-payment; financial debt and default were therefore established and the petition was found maintainable for CIRP admission. Pendency of SARFAESI proceedings and a civil suit did not bar the insolvency application, because the IBC&#039;s overriding and moratorium provisions were applied to hold that parallel recovery actions do not defeat a complete Section 7 petition once debt and default are proved. The text states that insolvency proceedings were commenced and an interim resolution professional was appointed.</description>
    <language>en-us</language>
    <pubDate>Tue, 16 Jul 2019 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 07 Jul 2021 09:10:35 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=648918" rel="self" type="application/rss+xml"/>
    <item>
      <title>2019 (7) TMI 1838 - NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH</title>
      <link>https://www.taxtmi.com/caselaws?id=296154</link>
      <description>A Section 7 IBC application was treated as complete where the record showed loan sanction and disbursement, acceptance of terms, execution of loan and guarantee documents, acknowledgements of liability, and continuing non-payment; financial debt and default were therefore established and the petition was found maintainable for CIRP admission. Pendency of SARFAESI proceedings and a civil suit did not bar the insolvency application, because the IBC&#039;s overriding and moratorium provisions were applied to hold that parallel recovery actions do not defeat a complete Section 7 petition once debt and default are proved. The text states that insolvency proceedings were commenced and an interim resolution professional was appointed.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Tue, 16 Jul 2019 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=296154</guid>
    </item>
  </channel>
</rss>