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Deekshit Kumar (private)     10 December 2021

Money recovery suit - insolvency petition

Hello Sir,

Can the respondent in an insolvency petition file suit for recovery of money simultaneously appearing in the IP.

DK



Learning

 3 Replies

P. Venu (Advocate)     11 December 2021

You have not posted the material facts.

G.L.N. Prasad (Retired employee.)     11 December 2021

When the borrower has already filed an insolvency petition, what is your point in filing a separate money suit, instead of first trying to get the petition quashed with proper grounds stating in court that there are assets or the borrower illegally transferred the assets with illegal motives?

Dr J C Vashista (Advocate)     12 December 2021

No.

The amount recoverable / due from any debtor shall be considered in the insolvancy proceeding.


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