In a recent case, while admitting the application filed by Canara Bank, the Cuttack bench of the National Company Law Tribunal (NCLT) has held that institution of criminal proceedings against the concerned official of the Financial Creditor cannot be a ground to reject the application under Section 7 of IBC, 2016, unlike in a Section 9 application, a pre-existing dispute cannot be a bar for admission of an application under Section 7 of the IBC, 2016.
The present application was filed by Canara Bank (‘Petitioner/ Financial Creditor’) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’) read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for…