<?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>2023 (8) TMI 1378 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=310739</link>
    <description>The NCLAT allowed an appeal against rejection of a Section 7 application filed below the threshold limit. The Adjudicating Authority had rejected the application by deducting interest amounts that accrued during the Section 10A moratorium period from the total debt calculation. The NCLAT held that where default was committed prior to the Section 10A period and continued thereafter, proceedings under Section 7 were not barred. Interest liability accruing during the moratorium period on pre-existing defaults should be included in threshold calculations as Section 10A does not obliterate continuing liability. The Adjudicating Authority was directed to pass fresh orders admitting the Section 7 application within 30 days.</description>
    <language>en-us</language>
    <pubDate>Fri, 18 Aug 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 09 Nov 2023 20:50:48 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=731771" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (8) TMI 1378 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=310739</link>
      <description>The NCLAT allowed an appeal against rejection of a Section 7 application filed below the threshold limit. The Adjudicating Authority had rejected the application by deducting interest amounts that accrued during the Section 10A moratorium period from the total debt calculation. The NCLAT held that where default was committed prior to the Section 10A period and continued thereafter, proceedings under Section 7 were not barred. Interest liability accruing during the moratorium period on pre-existing defaults should be included in threshold calculations as Section 10A does not obliterate continuing liability. The Adjudicating Authority was directed to pass fresh orders admitting the Section 7 application within 30 days.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Fri, 18 Aug 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=310739</guid>
    </item>
  </channel>
</rss>