IBBI NCLAT Delhi Judgement Dated 14/05/2025 – Threshold under IBC section 4 must be met at CIRP filing/admission 

Case of Devika Resources Pvt Ltd vs MAA Manasha Devi Alloys Pvt Ltd, NCLAT Delhi Judgement Dated 14th May 2025. According to appellant, Section 5(11) of the IBC stipulates that the date of application submission by the financial or operational creditor is the date of CIRP initiation, and the date of application admission is regarded as the insolvency commencement date under Section 5(12) of the IBC. Appellant had relied upon the decisions of the Hon’ble Supreme Court that the threshold had to be considered at the time of filing of the application and not at the time of the admission. The bench allowed the appeal and restored the Section 9 application back to the tribunal to decide the application in accordance with the law. 

(Link: NCLAT Delhi Judgement Dated 14/05/2025)

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