10th February, 2023

Proceedings under Section 138 of NI Act- Understanding Debt under IBC

A lawsuit or arbitration hearing involving the existence of debt; the standard of the product or service and/or a representation or warranty that has been breached is a "dispute". The definition of the disputes as given under Section 5(6) of Insolvency and Bankruptcy Code, 2016 (Code) states that the “dispute includes a suit or arbitration proceedings relating to- (a) the existence of the amount of debt; (b) the quality of goods or service; or (c) the breach of a representation or warranty.”

  • Litigation
  • Asset Management & Corporate Restructuring
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