<?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>2021 (8) TMI 910 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=411332</link>
    <description>The tribunal treated the appeals as within limitation by applying the Supreme Court&#039;s Covid-19 extension of limitation. On the merits, it held that employee claims for unpaid salary and gratuity may fall within operational debt, but Section 9 relief was unavailable where no prior Section 8 demand notice had been issued in some cases, no specific date of default was shown, and the dues remained disputed or unsupported by acknowledgment. It reiterated that insolvency proceedings cannot be used as a recovery mechanism for stale or contested claims, and that the insolvency forum has no equity-based jurisdiction to grant such relief. The dismissal of the insolvency applications was affirmed.</description>
    <language>en-us</language>
    <pubDate>Wed, 18 Aug 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 21 Aug 2021 18:07:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=653643" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (8) TMI 910 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=411332</link>
      <description>The tribunal treated the appeals as within limitation by applying the Supreme Court&#039;s Covid-19 extension of limitation. On the merits, it held that employee claims for unpaid salary and gratuity may fall within operational debt, but Section 9 relief was unavailable where no prior Section 8 demand notice had been issued in some cases, no specific date of default was shown, and the dues remained disputed or unsupported by acknowledgment. It reiterated that insolvency proceedings cannot be used as a recovery mechanism for stale or contested claims, and that the insolvency forum has no equity-based jurisdiction to grant such relief. The dismissal of the insolvency applications was affirmed.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Wed, 18 Aug 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=411332</guid>
    </item>
  </channel>
</rss>