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    <title>2023 (3) TMI 747 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>The court found that the financial loan claimed did not qualify as &#039;financial debt&#039; under the IBC due to lack of requisite documentation, rendering the section 7 application and CIRP initiation legally untenable. The admission of the section 7 application and CIRP initiation were deemed improper, suggesting fraudulent actions. The constitution of the CoC with &#039;related parties&#039; was illegal, making all decisions invalid. The actions of the Resolution Professional were biased and non-compliant with IBC provisions. The Successful Resolution Applicant was disqualified for being a &#039;related party.&#039; The court set aside the CIRP initiation, imposed penalties, ordered refunds, and directed investigations into the RP&#039;s conduct.</description>
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    <pubDate>Mon, 09 Jan 2023 00:00:00 +0530</pubDate>
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      <title>2023 (3) TMI 747 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=435361</link>
      <description>The court found that the financial loan claimed did not qualify as &#039;financial debt&#039; under the IBC due to lack of requisite documentation, rendering the section 7 application and CIRP initiation legally untenable. The admission of the section 7 application and CIRP initiation were deemed improper, suggesting fraudulent actions. The constitution of the CoC with &#039;related parties&#039; was illegal, making all decisions invalid. The actions of the Resolution Professional were biased and non-compliant with IBC provisions. The Successful Resolution Applicant was disqualified for being a &#039;related party.&#039; The court set aside the CIRP initiation, imposed penalties, ordered refunds, and directed investigations into the RP&#039;s conduct.</description>
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      <pubDate>Mon, 09 Jan 2023 00:00:00 +0530</pubDate>
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