The National Company Law Tribunal, Kolkata bench, consisting of Smt. Bidisha Banerjee (Member – Judicial) and Cmde Siddharth Mishra (Member – Technical), has allowed an application filed under Section 7 of the IBC seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor. The bench held that the financial debt exists where money is disbursed against the consideration for time value of money. The bench also observed that once the “debt” and “default” are admitted or established, the petition must be admitted.
Background
The financial creditor (Horizon Commtrade Limited) provided a loan to the corporate debtor (Jasmine Commodities Pvt. Ltd.) in terms of the intercompany…
