Supreme Court · 2021 INSC 359 · Decided 26 July 2021

M/S Orator Marketing PVT. LTD. v. M/S Samtex Desinz PVT. LTD.

Court
Supreme Court of India
Citation
2021 INSC 359 · [2021] 6 S.C.R. 742
Case number
CIVIL APPEAL No. 2231/2021
Decided
26 July 2021
Bench
INDIRA BANERJEE, V. RAMASUBRAMANIAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
IBC Section 5(8), 7, 62, 6, 3(8), 5(7), 5(8)(a), 5

Headnote

Insolvency and Bankruptcy Code, 2016: ss. 5(8), 7, 62 - Financial debt - Construction of - Person giving a term loan to a Corporate Person, free of interest, on account of its working capital requirements- Non-payment of the same by Corporate Debtor Insolvency Resolution Process-CIRP u/s. 7 by the appellant-lender - Rejection of the application by NCLT as also NCLAT holding that the claim cannot be termed to be a 'financial debt' - On appeal, held: Initiation of CIRP by a Financial Creditor u/s. 7 is the

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