<?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>2025 (7) TMI 1082 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=775014</link>
    <description>Section 14 moratorium under the Insolvency and Bankruptcy Code, 2016 did not apply where loan repayment was made by a co-applicant from an independent account and not from the corporate debtor&#039;s account or assets; no recovery from, or appropriation of, the corporate debtor was shown, so reversal could not be justified on that basis. Section 43 preferential transaction provisions also were inapplicable because the statutory requirement of a preference given by the corporate debtor was absent on the facts. The reversal direction was therefore legally unsustainable, and relief followed.</description>
    <language>en-us</language>
    <pubDate>Wed, 16 Jul 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 18 Jul 2025 08:22:40 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=836966" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (7) TMI 1082 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=775014</link>
      <description>Section 14 moratorium under the Insolvency and Bankruptcy Code, 2016 did not apply where loan repayment was made by a co-applicant from an independent account and not from the corporate debtor&#039;s account or assets; no recovery from, or appropriation of, the corporate debtor was shown, so reversal could not be justified on that basis. Section 43 preferential transaction provisions also were inapplicable because the statutory requirement of a preference given by the corporate debtor was absent on the facts. The reversal direction was therefore legally unsustainable, and relief followed.</description>
      <category>Case-Laws</category>
      <law>IBC</law>
      <pubDate>Wed, 16 Jul 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=775014</guid>
    </item>
  </channel>
</rss>