Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Advance Payments made by Receiver of Goods is also an Operational Creditor: NCLT
The National Company Law Tribunal (NCLT) has delivered a significant ruling under the Insolvency and Bankruptcy Code (IBC), determining that advance payments made by goods recipients qualify them as "operational creditors." This decision expands the scope of claims eligible for initiation of insolvency proceedings, providing a broader base for entities seeking resolution under the IBC. The NCLT's interpretation clarifies that the nature of the transaction, where goods are supplied in exchange for payment, even if upfront, establishes an operational debt, thereby granting the recipient the standing of an operational creditor in insolvency matters.