NCLT Denies Secured Creditor Claim for Defective Form D

The liquidation phase of the Insolvency and Bankruptcy Code, 2016 (IBC) imposes a structured regime upon secured creditors, requiring them to make timely and transparent elections regarding their security interests. The consequences of procedural non-compliance can be severe, as demonstrated by the National Company Law Tribunal (NCLT), Mumbai Bench, in its judgment dated 13 April…

Technical Objections Cannot Defeat CIRP Once Debt and Default are Established: NCLT Admits ₹39.19 Cr Insolvency Plea Against Millenium Starch [Read Order]

The National Company Law Tribunal has admitted insolvency proceedings against Millenium Starch India Private Limited on a petition filed by Axis Bank Limited holding that technical objections cannot defeat a Corporate Insolvency Resolution Process (CIRP) once the existence of financial debt and default is established. The facts stated that Axis Bank had approved loan facilities…

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