Legal Analysis on Admissions and Document Consideration in Insolvency Case

Explore a recent legal case where the court’s thorough analysis of admissions and document consideration played a crucial role in the decision-making process. Delve into the complexities of insolvency law and discover how legal principles are applied in real-world scenarios. Gain insights into the significance of evidentiary support and the impact it can have on case outcomes.


  • Permission granted for filing an appeal in the case of Diary No 45282 of 2019
  • Corporate Debtor admitted restructuring of total loan amount of Rs. 35,66,61,986 through two agreements
  • Supplementary affidavit of 03.08.2018 clarified the disbursement of Rs. 18,86,00,000 on 13.04.2016 and 16.04.2016, and Rs. 16,80,62,000 from 05.07.2016 and 19.07.2016
  • Initial section 7 application filed on 16.03.2017 for restructuring a loan given in 2008 into two loans of Rs. 18.86 crores and Rs. 16.80 crores
  • Counter affidavit by the Corporate Debtor on 15.05.2017 claiming premature section 7 application due to pending instalment payments
  • Withdrawal of first application on 30.05.2017 and filing of fresh application on 04.08.2017
  • Dispute regarding outstanding amount of Rs. 21.41 crores from the 01.04.2016 loan
  • Corporate Debtor claimed repayment of Rs. 65.60 crores from 2008 till date
  • NCLT decision based on admitted outstanding amount of Rs. 35,66,61,986 as on 31.03.2016 and Rs. 18,86,00,000 still due
  • A Committee of Creditors was appointed after the NCLT order.
  • The impugned judgement referred to the NCLT order.
  • The judgement held that…

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  • The NCLAT incorrectly stated that documents rejected by the adjudicating authority could not be the basis for the order of admission, which is challenged as these documents included evidence of an outstanding loan amount.
  • The NCLAT also erroneously claimed there was no further evidence supporting the outstanding amount despite the submission of documents and a supplementary affidavit.
  • Additionally, the NCLAT wrongly held that a document from a prior dismissed petition could not be considered, further supporting the appeal against their decision.
  • The NCLAT allowed the appeal, overruling the NCLT order, leading to the dismissal of the section 7 application due to the contested reliance on the previously rejected document.
  • The Adjudicating Authority’s finding of the outstanding loan amount was contested as unsupported and erroneous, with the Corporate Debtor presenting evidence of repayment through RTGS transfer.
  • The parties acknowledged during arguments that the previous petition from the Financial Creditor was withdrawn, further complicating the matter.
  • The document in question was a counter affidavit by the corporate debtor.
  • The counter affidavit contained a clear admission of the outstanding debt.
  • This admission of the debt’s existence was a significant point in the judgement.
  • The admission provided strong evidence supporting the appellant’s case.

Also Read: Analysis of Transfer of Winding Up Proceedings to NCLT


  • NCLAT order set aside and NCLT order restored
  • Application for directions by intervenor allowed to be withdrawn
  • Civil Appeal No.9425 of 2019, Civil Appeal No.1911 of 2020 and Civil Appeal No.3112 of 2020 disposed off based on previous judgment
  • Intervenors have been heard and their requests to be pursued before appropriate forum
  • Resolution proceedings to continue from the stage where they were interrupted

Also Read: Judicial Discretion in Contractual Interpretation


Case Number: C.A. No.-009425 / 2019

Click here to read/download original judgement

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