← Back to news

NCLAT: Section 10A Bars CIRP as Defaults Occurred During Protected Period

TaxGuru
Read full article →taxguru.in

Summary

AI-Generated
  • The NCLAT Delhi has set aside the NCLT Mumbai's order admitting Central Bank of India’s Section 7 application against Siddharth Satish Katariya, citing defaults occurring during the protected period under Section 10A of the Insolvency and Bankruptcy Code, 2016.
  • The court found that the alleged default dates for Cash Credit and Ad-Hoc facilities fell within the Section 10A period, thus barring the initiation of Corporate Insolvency Resolution Process (CIRP).
  • NCLAT emphasized that any amendments to default dates must be substantiated by facts and contractual terms, rejecting the Bank's claims of earlier defaults.
  • This ruling reinforces the protective measures under Section 10A, impacting

Join the discussion — sign up to comment, upvote, and save articles.

Discussion

or to comment
Loading...

Loading discussion...