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Supreme Court Rules NCLT Must Consider Merits Before Dismissing Section 7 IBC Petition Despite Settlement Talks.

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Full Text of the Document

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....Initiation of CIRP - pre-admission stage - home buyers and creditors - corporate debtor has initiated the process of settlement with the financial creditors - whether, in terms of the provisions of the IBC, the Adjudicating Authority can without applying its mind to the merits of the petition under Section 7, simply dismiss the petition on the basis that the corporate debtor has initiated the process of settlement with the financial creditors? - HELD No - Matter restored before NCLT - SC....