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…
[IBC] Pendency Of Civil Suit Doesn't Preclude Admission Of S. 7 Application When Debt & Default Are Proven: NCLAT
The NCLAT held that the pendency of a civil suit does not preclude the admission of a Section 7 application under the Insolvency and Bankruptcy Code if debt and default are proven. The tribunal dismissed an appeal against the admission of a Section 7 application by Nand Kishore Palaha, stating that the existence of a civil suit is not a valid reason to deny insolvency proceedings. The tribunal emphasized that the primary criteria for admitting a Section 7 application are the establishment of debt and default, ensuring that insolvency proceedings are not unduly delayed by parallel civil litigation.