IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4157 OF 2022

SANDEEP GARG & ANR. … Appellant(s)

VERSUS

M/S DMI FINANCE PVT. LTD. & ANR. … Respondent(s)

O R D E R

This appeal has been filed raising the following questions of

law :-

“a)

Whether the Hon’ble NCLAT was justified in dismissing

the appeal despite there is no outstanding amount due

against the Corporate Debtor as on date of admission of

Section 7 Application?

b)

Whether the Hon’ble NCLAT failed to appreciate that

Financial Creditor already received the amount in full, in

fact, it received in excess to what was due and payable?

c)

Whether the Hon’ble NCLAT failed to appreciate that

mere issuance of legal notice does not establish a

‘default’ within the meaning of Section 3(12) of the Code?

d)

Whether the transactions for “ever-greening of loan

amount” by round tripping by Financial Creditor can be

regarded as ‘Financial Debt’? Is it justified to validate

an illegal transaction which is bad in the eyes of laws?

e)

Whether the Financial Creditor can deny Corporate

Debtor from giving p