Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Court ruled interest alone on loan doesn't count as operational debt. App rejected due to interest inclusion below threshold. Dismissal upheld by NCLAT.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The case deals with the maintainability of an application u/s 4 of the Code based on the minimum default amount. The court held that interest alone on a loan does not constitute operational debt. Citing relevant cases, it was emphasized that interest cannot be recovered without a signed agreement. The application, below the threshold amount, was rejected due to the inclusion of interest. Additionally, a pre-existing dispute over cheques was noted, with the Respondent alleging fraud by the Appellant. The Adjudicating Authority rightly dismissed the application, considering the threshold amount and pre-existing disputes. The appeal was subsequently dismissed by the NCLAT.....