Pre-Existing Dispute Over Defective Supply & Delay Cannot Obstruct CIRP After Admission of Undisputed Operational Debt: NCLAT Upholds Insolvency Admission [Read Order]

The National Company Law Appellate Tribunal (NCLAT) New Delhi has upheld the initiation of Corporate Insolvency Resolution Process (CIRP) against Gemini Engi. Fab. Pvt. Ltd. and held that the Corporate Debtor could not rely on alleged pre existing disputes after admitting an undisputed operational debt through its own consequence sheet and correspondence. The issue arises…

Assignment of Not Readily Realisable Assets Valid for Dissolution When No Further Assets Remain for Distribution: NCLT [Read Order]

The National Company Law Tribunal (NCLT) New Delhi has held that assignment of Not Readily Realisable Assets (NRRAs) including pending avoidance transaction proceedings, would not obstruct dissolution of a Corporate Debtor where no further realisable assets remained available for distribution under the Insolvency and Bankruptcy Code, 2016 (IBC). The Corporate Debtor had entered liquidation pursuant…