NCLAT Principal Bench (Bhushan CP, Mitra and Baroka) holds that where a Technical Guidance Agreement itself creates a minimum-royalty obligation, the absence of invoices does not defeat a Section 9 application; ₹63 lakh deposit ordered failing which CIRP admission follows.
Valkya Editorial··9 min
Landmark JudgmentNational Company Law Appellate Tribunal, Principal Bench, New Delhi
NCLAT held on 9 February 2026 that a contested endorsement-fee instalment, plausibly linked to actual service-days, gives rise at most to a damages claim, not to operational debt under s.5(21) IBC; CIRP cannot be a recovery forum.