Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Default Date Not Mentioned in Application - When the specific date of default is not explicitly mentioned in the application or notice, the default is generally considered to occur at the time when the debt becomes due and payable, or when the debtor fails to pay after demand. The limitation period begins from this default date, not from any other date such as the date of agreement or last payment. 2023 Supreme(Online)(NCLT) 1765, 2023 Supreme(Online)(NCLT) 1766, 2024 Supreme(Online)(NCLAT) 1454, 2024 Supreme(Online)(NCLT) 1101, 2024 Supreme(Online)(NCLT) 521, 2024 Supreme(Online)(NCLT) 689, 2024 Supreme(Online)(NCLT) 1712,
ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal
,Narendra Kumar Agarwal & Anr Vs Monotrone Leasing Pvt Ltd & Anr - Supreme Court
Judicial Interpretation - Courts and tribunals have consistently held that in the absence of an explicitly mentioned default date, the default is deemed to have occurred when the debt became due and payable, or when the debtor failed to pay after a demand notice. The date of default is often linked to the expiry of the notice period or the date when the debt is not paid despite demand. 2023 Supreme(Online)(NCLT) 1765, 2023 Supreme(Online)(NCLT) 1766, 2024 Supreme(Online)(NCLT) 1316,
ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal
,Narendra Kumar Agarwal & Anr Vs Monotrone Leasing Pvt Ltd & Anr - Supreme Court
Impact on Limitation Period - The limitation period for filing insolvency or recovery proceedings starts from the date the debt becomes due and unpaid, which is often the date of default. If the default date is not specified, courts look at the date when the debt was due and payable, or when the debtor failed to comply with a valid demand notice. This ensures the limitation period is correctly calculated from the actual default event, preventing claims from being barred prematurely. 2023 Supreme(Online)(NCLT) 1765, 2023 Supreme(Online)(NCLT) 1766, 2024 Supreme(Online)(NCLT) 1101, 2024 Supreme(Online)(NCLT) 521,
ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal
,Narendra Kumar Agarwal & Anr Vs Monotrone Leasing Pvt Ltd & Anr - Supreme Court
Case Law and Principles - The Supreme Court and ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal have clarified that the default date cannot be arbitrarily changed once established, and the default is generally linked to the date the debt becomes due and payable or when the debtor defaults after demand. The absence of a specific default date in pleadings does not necessarily invalidate the claim if the default event can be identified from the facts, such as the expiry of a notice period or non-payment on a known date. 2024 Supreme(Online)(NCLT) 1101, 2024 Supreme(Online)(NCLT) 521, Ramesh Kymal case, 2021 SCC 224
In the absence of a specific default date, the courts and tribunals have consistently held that the default is deemed to have occurred when the debt became due and payable or when the debtor failed to pay after a valid demand notice. The default date is critical for determining the start of limitation, and it cannot be arbitrarily changed. This approach ensures fairness and accuracy in insolvency and recovery proceedings, aligning with statutory definitions and judicial precedents.
In the complex world of debt recovery and insolvency proceedings in India, one common challenge for creditors arises when agreements or claims lack a specific date of default. What happens then? Does the debt simply vanish into ambiguity, or is there a clear legal path forward? The question at the heart of this issue is: Give me Judgements on the Point that when no Date of Default is Mentioned the Debt Becomes Due on Demand.
This blog post delves into the legal principles, landmark judgments, and practical implications under the Insolvency and Bankruptcy Code, 2016 (IBC). Drawing from Supreme Court rulings and ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal decisions, we'll clarify how courts treat such debts as due on demand, empowering creditors to initiate recovery without unnecessary delays. Whether you're a business owner chasing overdue payments or a legal professional navigating IBC applications, understanding this can be crucial.
The IBC provides a robust framework for handling defaults, defining default as the non-payment of a debt when the whole or any part of the amount has become due and payable and is not paid by the debtor. 2023 0 Supreme(SC) 502 This definition hinges on the debt being payable, not necessarily tied to a calendar date.
When no specific payment or default date is stipulated in the contract or notice, courts consistently hold that the debt becomes due on demand. The Supreme Court in Innoventive Industries Ltd. v. ICICI Bank emphasized that the adjudicating authority must only ascertain if a debt is due and payable. It is irrelevant if the debt is disputed, as long as it is not barred by law. 2022 6 Supreme 707 2023 1 Supreme 10
This principle aligns with broader interpretations: The scheme of the Code is to ensure that when a default takes place, in the sense that a debtbecomesdue and is not paid, the insolvency resolution process begins.
ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal
For operational creditors, serving a demand notice is pivotal. If the debtor fails to respond or pay within 10 days, the debt solidifies as due and payable. 2023 1 Supreme 10 This reinforces that without a fixed default date, a valid demand triggers the default event.
Further, judicial precedents clarify: Thus, it is clear that when a default takes place, and debtbecomesduedebt, once it becomesdue and payable, is considered a default under Section and is not paid, the insolvency resolution process begins.
Narendra Kumar Agarwal & Anr Vs Monotrone Leasing Pvt Ltd & Anr - Supreme Court
The terms due and due and payable refer to debts that are legally recoverable. A dispute over quantum does not negate recoverability if payable under law. 2022 5 Supreme 412 1985 0 Supreme(SC) 94
In set-off contexts, it's noted: Whereas a 'claim' gives rise to a 'debt' only when it becomes 'due', a 'default' occurs only when a 'debt' becomes 'due and payable'. 2019 0 Supreme(SC) 843
This seminal Supreme Court judgment clarified the adjudicating authority's role: it verifies the existence of debt and default without delving into disputes on quantum, provided the debt is due and payable. 2022 6 Supreme 707 2023 1 Supreme 10 The ruling set the tone that absence of a specific default date does not bar proceedings if demand establishes due date.
Reiterating Limitation Act applicability to IBC, this case holds that the right to sue accrues on default. If unpaid when due, it's actionable. 2023 1 Supreme 10
When the specific date of default is not mentioned in applications or notices, tribunals deem default at the time the debt becomes due and payable or post-demand failure. The limitation period starts here, not from agreement or last payment dates. 2023 Supreme(Online)(NCLT) 1765 2023 Supreme(Online)(NCLT) 1766 2024 Supreme(Online)(NCLAT) 1454
Courts link default to notice expiry or non-payment despite demand: Default Date Not Mentioned in Application - ... the default is generally considered to occur at the time when the debt becomes due and payable, or when the debtor fails to pay after demand. 2023 Supreme(Online)(NCLT) 1765 2023 Supreme(Online)(NCLT) 1766
In Ramesh Kymal case (2021 SCC 224) and others, the Supreme Court and ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal affirm default cannot be arbitrarily altered; it's tied to when debt is due or post-demand. 2024 Supreme(Online)(NCLT) 1101 2024 Supreme(Online)(NCLT) 521
Another insight: Employer's liability for compensation arises on injury date, but interest becomes due on default in timely payment.
National Insurance Co. Ltd. VS Swari Devi - Uttarakhand
The limitation period for IBC filings begins from when debt becomes due and unpaid—often post-demand if no date specified. Courts prevent premature barring by pinpointing actual default. 2023 Supreme(Online)(NCLT) 1765 2023 Supreme(Online)(NCLT) 1766 2024 Supreme(Online)(NCLT) 1101
Key Impacts:- Creditors: Serve precise demand notices to fix default date.- Debtors: Disputes must be pre-existing, not reactive.- Proceedings: No need for exact date if facts show due on demand.
Income accrual analogy: Income must be held to accrue on the date when a debt becomes due.2018 0 Supreme(AP) 188
Generally, when no date of default is mentioned, the debt is treated as due on demand under IBC, as affirmed by Supreme Court in Innoventive Industries and supported by ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal rulings. This ensures swift insolvency resolution without technical hurdles. 2022 6 Supreme 707 2023 1 Supreme 10
ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal
Takeaways:1. Default triggers on non-payment when due and payable.2. Demand notices crystallize the date.3. Limitation runs from actual default event.4. Disputes don't halt if debt is recoverable.
This post provides general information based on precedents and is not legal advice. Consult a qualified lawyer for your situation.
References:2022 6 Supreme 707 2023 0 Supreme(SC) 502 2023 1 Supreme 10 2022 5 Supreme 412 1985 0 Supreme(SC) 94
ME. SUDARSHAN LODHA VS M/S GREXTER HOUSING SOLUTIONS PRIVATE LIMITED - National Company Law Tribunal
Narendra Kumar Agarwal & Anr Vs Monotrone Leasing Pvt Ltd & Anr - Supreme Court
2019 0 Supreme(SC) 843National Insurance Co. Ltd. VS Swari Devi - Uttarakhand
2023 Supreme(Online)(NCLT) 1765 2023 Supreme(Online)(NCLT) 1766 #IBCLaw, #DebtRecovery, #Insolvency
provider, It cannot be considered as the date of default, the date when the debt is due and payable which is not paid or the such debt is disputed/rejected is the date the default and limitation starts from the date of such default has occurred we have come to this conclusion based on the decisions ... ‛ 6.7 Based on....
provider, It cannot be considered as the date of default, the date when the debt is due and payable which is not paid or the such debt is disputed/rejected is the date the default and limitation starts from the date of such default has occurred we have come to this conclusion based on the decisions ... ‛ 6.7 Based on....
It is submitted that Part IV of Section 7 application did not mention the date of default. When date of default is not mentioned in Part IV, application was liable to be rejected. There was no written agreement between the parties to prove that there is a financial debt. ... When Section 7 application, pleadings and materials brought on the record clearly point out the ....
It is submitted that the date of default as per the Form of Demand Notice issued in Form B by the Financial Creditor to the Personal Guarantors is mentioned as 08.07.2021. ... Accordingly, we are of the considered view that the date of default mentioned in the ‘Record of default’ in Form No. ... In view of the above, it becomes necess....
debt fell due. ... The scheme of the Code is to ensure that when a default takes place, in the sense that a debt becomes due and is not paid, the insolvency resolution process begins. ... Fifteen Lakh Only) including the interest, calculated @18% per annum, payable from the due date till the date of issuance of the D....
The liability of the Respondent No.1 to pay arose from the date of default of payment when the demand notice was issued to him. ... In Part-III (page no.9) of the application, the date of default is mentioned as on 30.06.2013 and if we calculate limitation from this date when the cause of action arose against the Corporate Debtor, the present application is barred by li....
The liability of the Respondent No.1 to pay arose from the date of default of payment when the demand notice was issued to him. ... In Part-III (page No.9) of the application, the date of default is mentioned as on 30.06.2013 and if we calculate limitation from this date when the cause of action arose against the Corporate Debtor, the present application is barred by li....
The liability of the Respondent No.1 to pay arose from the date of default of payment when the demand notice was issued to him. ... In Part-III (page No.9) of the application, the date of default is mentioned as on 30.06.2013 and if we calculate limitation from this date when the cause of action arose against the Corporate Debtor, the present application is barred by li....
According to the applicant, the debt was due on 25.10.2019 and default was occurred on 24.12.2019. The total amount of default is mentioned as Rs.24,41,53,898.12 together with interest. 3. This Tribunal vide order dated 04.12.2023 appointed Mr. ... On perusing IU certificate dated 23.06.2021 produced by the applicant, the date of default is mentioned a....
Thus, it is clear that when a default takes place, and debt becomes due debt, once it becomes due and payable, is considered a default under Section and is not paid, the insolvency resolution process begins. ... ) in very wide terms as meaning non-payment of a debt once it becomes due and....
Thus, even the nonpayment of a part of debt when it becomes due and payable will amount to default on the part of a Corporate Debtor?. (12) “default” means nonpayment of debt when whole or any part or instalment of the amount of debt has become due and payable and is not [paid] by the debtor or the corporate debtor, as the case may be;” If the NCLT finds that there is a debt, but it has not become due and payable, the application under Section 7 can be rejected. In such a cas....
With respect to set-offs: “a set-off of amounts due from financial creditors is a rarity. Usually, financial debts point only in one way – amounts lent have to be repaid.” [Para 55] ● Requirement of proving ‘default’ in case of section 7 applications: Whereas a “claim” gives rise to a “debt” only when it becomes “due”, a “default” occurs only when a “debt” becomes “due and ....
8. Hon'ble Supreme Court in the case of Oriental Insurance Company Limited v. Siby George and others (2012) 12 SCC 540 : 2012 (134) FLR 1064 (SC), has held that employer's liability to pay compensation arises on the date injury is caused to workman by accident which has arisen out of and in course of employment. It is further held that interest thereon becomes due when there is default in timely payment of compensation and reasons for default are immaterial. Paragraph Nos. 8 ....
In this Code, unless the context otherwise requires,- xxx xxx xxx (6) “claim” means- (a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured or unsecured; (b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured; xxx xxx xxx (1....
Income must be held to accrue on the date when a debt becomes due. Income can be held to accrue when the assessee acquires a right to receive that income. (Babulal Narottamdas(supra); E.D. Sassoon & Co. Ltd. v. C.I.T. [1954] 26 ITR 27 (SC) 3 ).
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