Nilesh Patel vs Competition Commission Of India on 23 December, 2022
1
NATIONAL COMPANY LAW
Deepika Singha, Advocates for R2
ORDER
Per : Justice Rakesh Kumar Jain (Oral)
01.05.2023: This appeal is directed against the order dated 25.11.2022
passed ... Purchase Agreement (RPA) with the Operational Creditor
dated 11.07.2017 (executed on 01.08.2017) assigning all its receivables (present
and future) in relation to supply of goods
with the prior oral and written
approval. The appellant was also entitled for 'specific assignment
fee' other than the fees aforesaid.
Company Appeal
committed default prior
to 9th September, 2014, i.e. much before the assignment of debt to Phoenix
ARC Private Limited, we hold that the Application ... signed.
(2) Where the writing containing the
acknowledgment is undated, oral evidence may be given
of the time when it was signed; but subject
cannot be taken as proof of financial debt.
the alleged oral contract does not establish debt; the same
would be like the inter-corporate deposit ... Company Appeal (AT) (Insolvency) No. 549 of 2020 3 of 12
oral agreement and payment of TDS cannot be treated as sufficient to prove
borrower including the right to transfer by way of
lease, assignment or sale for realising the secured
asset;"
30. The issue of determination ... registration, or the creation of tenancy by way of an
oral agreement. According to Section 106 of the
Transfer of Property Act, 1882, a monthly
given is called the "creditor. A guarantee may be
either oral or written."
44. Further, Section 126 mandates that a guarantee must ... case
of the appellant is that the guarantee in this case was oral and same was turned
into a written document by the consent decree
given is called the "creditor. A guarantee may be
either oral or written."
44. Further, Section 126 mandates that a guarantee must ... case
of the appellant is that the guarantee in this case was oral and same was turned
into a written document by the consent decree
given is called the "creditor. A guarantee may be
either oral or written."
44. Further, Section 126 mandates that a guarantee must ... case
of the appellant is that the guarantee in this case was oral and same was turned
into a written document by the consent decree
given is called the "creditor. A guarantee may be
either oral or written."
44. Further, Section 126 mandates that a guarantee must ... case
of the appellant is that the guarantee in this case was oral and same was turned
into a written document by the consent decree