falls within the ambit of
definition of 'Financial Debt' as defined under Section
5(8) of the Code, in view of the contention ... person to whom a financial debt is owed and a
financial debt is defined in Section 5(8) to mean a
debt which is disbursed
falls within the ambit of
definition of 'Financial Debt' as defined under Section
5(8) of the Code, in view of the contention ... person to whom a financial debt is owed and a
financial debt is defined in Section 5(8) to mean a
debt which is disbursed
operational debt is owed and includes any person to
whom such debt has been legally assigned or
transferred;
(21) "operational debt" means ... operational debt' is conclusion drawn by this Tribunal
contrary to the scheme of the Code. The 'operational debt' as defined in
Section
Thirdly, such a "debt" should fall strictly within the scope of
an "Operational Debt" as defined under Section ... Thirdly, such a "debt" should fall strictly within the
scope of an "Operational Debt" as defined under
Section
recovery of debts due to Banks and financial institutions.
14. Now, what is a 'debt' has been defined under Section ... debt" of Section 2(g) or "debt" inclusive of a claim of damages, one of the basic-ingredients of debt as defined
Loan/Debt' and whether such an amount falls under
the definition of 'Financial Debt' as defined under Section ... element for the amount to fall within the ambit of
Financial Debt. The debt may be of any nature but a part
holding that
amount claimed as bad debts do not wholly fall in the
category of bad debts defined ... case, the amounts claimed as bad debts do not wholly fall in
the category of bad debts defined
determine the
following:-
G) Whether there is an "operational debt' as defined exceeding Rs |
lakh? (See Section 4 of the Act)
Company Appeal ... have to determine:
(i) Whether there is an "operational debt" as defined exceeding Rs. | lakh?
(See Section 4 of the Act)
Gi} Whether
person to whom a financial
debt is owed and a financial debt is defined in Section 5(8) to
mean a debt which is disbursed ... financial debt is defined as meaning a "debt".
"Debt" is defined by Section 3(11) of the Code as follows
operational debt is owed and includes any person to
whom such debt has been legally assigned or
transferred;
(21) "operational debt" means ... operational debt' is conclusion drawn by this Tribunal
contrary to the scheme of the Code. The 'operational debt' as defined in
Section
