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…
Written Agreement Not Mandatory To Prove Financial Debt If It Can Be Proved From Other Materials On Record: NCLAT
The NCLAT ruled that a financial debt does not require a written agreement as proof and can be established through other valid documentation or acknowledgment. The case involved a creditor who lacked a formal agreement but provided alternative evidence to substantiate the debt. The tribunal upheld the claim, emphasizing that the definition of "financial debt" under the Insolvency and Bankruptcy Code (IBC) is broad and inclusive. Legal analysts regard this ruling as a significant clarification, ensuring that genuine creditors are not barred due to the absence of written agreements. The judgment advises creditors to maintain detailed records of transactions to strengthen their claims in insolvency proceedings. This decision reinforces the IBC’s objective of equitable resolution while safeguarding the rights of creditors. It reflects the judiciary’s pragmatic approach to address the complexities of financial transactions.