23rd February, 2023

Can advance payment be treated as operational debt under the IBC? - Hitro Energy Case

In Consolidated Construction Consortium Limited vs. Hitro Energy Solutions Private Limited; 2022 SCC OnLine SC 142, three-judge Bench of the Supreme Court decided on an appeal filed from a judgment of the National Company Law Appellate Tribunal (NCLAT) wherein the NCLAT had held that the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) was not maintainable since the applicant himself being a purchaser did not qualify as an operational creditor.

  • Litigation
  • Asset Management & Corporate Restructuring
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