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…
NCLAT Sets Aside Admission Of S.7 Application Upon Finding Transaction Was In Nature Of 'Operational Debt'
The NCLAT held that a transaction that is of an operational nature cannot be classified under financial debt. This ruling came in response to a case where financial creditors filed a Section 7 petition, which was later found to involve an operational debt. The tribunal set aside the admission of the Section 7 petition and directed that the matter be reconsidered under Section 9, which deals with operational creditors. This decision underscores the importance of correctly categorizing debts as either operational or financial, as the procedural pathways and implications for each differ significantly under the IBC.