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…
Proceedings u/s 7 of IBC not valid when Financial Creditor already Received Pending Amount: NCLAT
The NCLAT (National Company Law Appellate Tribunal) has ruled that proceedings under Section 7 of the IBC are not valid when the "financial creditor has already received the pending amount." The tribunal’s decision was based on the fact that once the debt is repaid, the financial creditor's locus standi to initiate insolvency proceedings ceases to exist. This ruling reinforces the purpose of the IBC as a recovery and resolution mechanism, not a tool for harassment. It protects corporate debtors from unnecessary insolvency proceedings.