Loading...

⚠ โœ•
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice โ€” FREE ๐ŸŽ‰ โœ•

150 credits ยท 30 days

โ€ข Basic Search โ†’ 1 Credit
โ€ข Advanced Search โ†’ 3 Credits
โ€ข Drafter โ†’ 20 to extract + 25 per issue
(โ‰ˆ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo โ†’
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedbackโœ•

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 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

NCLAT Overturns Insolvency Process, Finds Collusion; Related Party's Debt Not Financial Under IBC, Citing Key Cases.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The NCLAT set aside the CIRP initiated by Respondent No. 2 against Respondent No. 1, holding it to be collusive and for purposes other than insolvency resolution. Respondent No. 3 was a director and shareholder in all three companies, controlling over 20% voting shares, thereby qualifying as a related party u/s 5(24)(m)(i) and (iii) of the IBC. The amount disbursed by Respondent No. 2 to Respondent No. 1, being related parties, does not qualify as financial debt per the Supreme Court's ruling in Phoenix ARC case. The NCLAT relied on Hytone Merchants case, which allowed setting aside CIRP if collusion is proved despite fulfilling Section 7 requirements. Respondent No. 3's presence across companies and lack of denial regarding allegations indicated collusion between Respondents No. 1 and 2.....