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…
Stock Brokers Amounts to Financial Service Provider, Petition u/s 9 not Maintainable: NCLT
The National Company Law Tribunal (NCLT) Hyderabad Bench dismissed an insolvency petition filed against Karvy Stock Broking Ltd. by Kapston Facilities Management Ltd. under Section 9 of the Insolvency and Bankruptcy Code (IBC). The NCLT ruled that Karvy Stock Broking Ltd. is a financial service provider, and thus, no Corporate Insolvency Resolution Process (CIRP) can be initiated against it. The tribunal also noted that the claimed amount, excluding the interest component, fell below the statutory threshold limit of Rs. 1 crore required for filing a petition under Section 9 of the IBC. This decision underscores the importance of distinguishing financial service providers from corporate debtors and ensuring that claims meet the statutory requirements before initiating insolvency proceedings.