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    <title>2022 (5) TMI 581 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI BENCH</title>
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    <description>Pendency of SARFAESI, DRT or benami proceedings does not, by itself, bar initiation of insolvency proceedings under the Insolvency and Bankruptcy Code, which operates with overriding effect over inconsistent laws. The financial debt and default were treated as established on the creditor&#039;s application and the corporate debtor&#039;s admission of the credit facilities and collateral. The application was also within the three-year limitation period counted from the date of default. The admission order was found reasoned and free from legal or factual infirmity, so no appellate interference was warranted.</description>
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      <description>Pendency of SARFAESI, DRT or benami proceedings does not, by itself, bar initiation of insolvency proceedings under the Insolvency and Bankruptcy Code, which operates with overriding effect over inconsistent laws. The financial debt and default were treated as established on the creditor&#039;s application and the corporate debtor&#039;s admission of the credit facilities and collateral. The application was also within the three-year limitation period counted from the date of default. The admission order was found reasoned and free from legal or factual infirmity, so no appellate interference was warranted.</description>
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