2020-TIOLCORP-18-NCLAT K N Mahesh Prasad Vs Medinnbelle Herbalcare Pvt Ltd
Whether where the short term loan is devoid of any element of time value for money, it does not falls under the sweep of financial debt defined u/s 5(8)(f) of the IBC & thus section 7 application from such debt is not maintainable - YES: NCLAT
- Appeal dismissed: NCLAT
2020-TIOLCORP-17-NCLAT
M Ravindranath Reddy Vs G Kishan
Whether lease of immovable property cannot be considered as a supply of goods or rendering of any services & thus, cannot fall within the definition of Operational Debt u/s 5(21) - YES: NCLAT
Whether the landlord, who filed an application for recovery of alleged enhanced lease rent, cannot be treated as an operational creditor within the meaning of Section 5(20 ) r/w Section 5(21) of the IBC, 2016 - YES: NCLAT
- Appeal allowed: DELHI NCLAT |