Just a moment...

Top
Help
AI OCR

Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page

Try Now
×

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 / RSS

Appeal Dismissed: Section 7 Application Valid as Default Predates Section 10A, Consent Decree Default Confirmed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The Appellate Tribunal dismissed the appeal, holding that the Section 7 application filed by the Financial Creditor was not barred by Section 10A of the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor had committed defaults on 21.12.2017 and 29.06.2018, leading to accounts being declared as NPA by lenders. Although assignment was made in favor of the Financial Creditor in 2019 and a settlement was agreed upon on 26.04.2019, which was not honored, constituting a further default prior to the Section 10A period. The Section 7 application was based on the default arising from the Consent Decree dated 29.08.2022, which cannot be pegged within the Section 10A period. The Adjudicating Authority did not err in admitting the Section 7 application, as it was not hit by Section 10A of the IBC.....