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Relief Secured for Corporate Debtor: NCLAT Sets Aside CIRP After Finding Defective Adjustment by Lender
In a significant insolvency ruling, the Hon’ble NCLAT has set aside the admission of a CIRP against Genesis Infratech Pvt. Ltd., holding that the statutory default threshold under Section 7 of the IBC was not met.
Genesis had availed three term loans from Tourism Finance Corporation of India Ltd. (TFCI). A prepayment of ₹5 Crores made by Genesis was adjusted only against one facility instead of proportionately across all three, inflating the alleged default to over ₹1 Crore.
Diaz Legal
Aug 104 min read
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