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Brief case: Clarifications on IBC, fresh auction with clear terms, and more

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M J Antony
More clarifications on bankruptcy code

In yet another major clarification on the Insolvency and Bankruptcy Code, the Supreme Court has ruled that a lawyer on behalf of the operational creditor can issue a demand notice of an unpaid debt. This was in consonance with the provisions of the code and the Advocates Act, the court stated while setting aside the decision of the National Company Law Appellate Tribunal. The court also held that the tribunal was wrong in dismissing an application to initiate insolvency proceedings for non-compliance of Section 9 (3) (c) of the code. 

The tribunal had held that the procedure