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1 - 10 of 13 (0.27 seconds)Section 9 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 65 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 3 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 5 in The Negotiable Instruments Act, 1881 [Entire Act]
The Bankers Books Evidence Act, 1891
The Indian Succession Act, 1925
Swiss Ribbons Pvt. Ltd. vs Union Of India on 25 January, 2019
24. Given the law laid down in Swiss Ribbon case (supra), it becomes
clear that rather than the "inability to pay debts", it is the "determination of
default" that is relevant for allowing or disallowing an Application filed under
Section 7, 9 or 10 of IBC. The said shift enables the Financial Creditor to
prove by solid documentary evidence, that there was an obligation to pay the
debt and that the debtor has failed to fulfill its obligation. Therefore, to allow
the application under Section 7, it is not relevant to see the inability of the
Corporate Debtor to pay the debt.
Mr.M.V. Ravindran, Hon Ble Member ... vs Mr. H.K. Thakur, Hon Ble Member ... on 23 October, 2013
[Justice Venugopal M.]
Member (Judicial)
[V. P. Singh]
Member (Technical)
[Alok Srivastava]
Member (Technical)
NEW DELHI
16th JULY, 2020
pks
Company Appeal (AT) (Insolvency) No. 99 of 2020 24 of 24