Billionaire investor Warren Buffett believes Japan’s devastating earthquake is the kind of extraordinary event that creates a buying opportunity for shares in Japanese companies.Japan, the world’s third-largest economy, has been battling to bring an overheating nuclear plant under control after it was battered by the 11 March earthquake and tsunami that rattled global markets and prompted massive intervention in currency markets by the Group of Seven industrial nations.“It will take some time to rebuild, but it will not change the economic future of Japan,” Buffett said on Monday on a visit to a South Korean factory run by a company owned by one of his funds. “If I owned Japanese stocks, I would certainly not be selling them.“Frequently, something out of the blue like this, an extraordinary event, really creates a buying opportunity. I have seen that happen in the United States, I have seen that happen around the world. I don’t think Japan will be an exception,” said the 80-year-old investor, dubbed the “Sage of Omaha” for his successful long-term investment strategy.Buffett heads Berkshire Hathaway Inc, which has substantial insurance and utility investments globally. Warren Buffett: Buy Japanese bargains Share whatsapp More From Our Partners Inside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comI blew off Adam Sandler 22 years ago — and it’s my biggest regretnypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.org Show Comments ▼ Tags: NULL John Dunne Monday 21 March 2011 4:42 am whatsapp
CopyHouses•United States Projects CopyAbout this officeBora ArchitectsOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesHousesUnited StatesPublished on March 12, 2012Cite: “Coastal Residence / Bora Architects” 12 Mar 2012. ArchDaily. Accessed 11 Jun 2021.
Caracas, April 3, 2020To the People of the United States of America:For weeks now, the world stands still, trying to control a pandemic that, without any doubt, is the greatest challenge we have faced together as a society and as international community. Our priority is confronting it, as is the priority of the people of the United States.Fortunately, in Venezuela, we have been able to count on some advantages. We took very early measures of social distancing and amplified testing, relying on our free and public health care system that counts doctors throughout the country with what we call family. We also rely on the invaluable community-based organizations to help raise social awareness and support the most vulnerable sectors. The solidarity of Cuba, China and Russia, and the support of the World Health Organization has likewise allowed us to obtain necessary medical supplies despite Donald Trump’s illegal sanctions.In expressing my solidarity to you in this important historic challenge, as well as our consternation and grief for the consequences of the pandemic in the U.S., I also have the obligation to make you aware that as the world focuses on dealing with the COVID-19 emergency, the Trump Administration, once again instrumentalizing institutions in order to fulfill electoral objectives, and based on infamies under the pretext of the War on Drugs, has ordered the largest U.S. military deployment in our region in the last 30 years, with the purpose of threatening Venezuela and bringing to our region a costly, bloody, military conflict of indefinite duration.In the runup to this fallacious maneuver, last March 26, William Barr, an Attorney General of questionable independence (who recommended the 1989 invasion of Panama against Noriega and helped cover up the irregularities of the Iran-Contra scandal) filed, without showing any evidence whatsoever, accusations of drug trafficking toward the United States against myself and against senior Venezuelan State officials, even though data from the Department of Defense itself show that, unlike Colombia and Honduras, two of Washington’s allied countries, Venezuela is not a primary transit country toward the United States.It is clear that the Trump Administration is creating a smokescreen to cloud the improvised and erratic handling of the pandemic in the United States. The most optimistic forecast shows that close to 240,000 souls will be lost in the United States. From the beginning, Donald Trump downplayed and even denied it, the same way he has done with climate change. Today, the crisis in the United States aggravates simply because, despite having the resources, he is not willing to transform the health care system to prioritize full care for the population instead of profit-based private medicine, insurance companies and pharmaceutical industry.We in Venezuela do not want an armed conflict in our region. We want brotherly relations of cooperation, exchange and respect.We cannot accept war threats, nor blockades, nor can we accept the intention of installing an international tutelage that violates our sovereignty and disavows the progress made in the last year in the sincere political dialogue between the government and a large part of the Venezuelan opposition that wants political solutions and not oil wars.Based on the foregoing, I call upon the people of the United States to [put a] stop to this madness, to hold your officials accountable and to force them to focus their attention and their resources on urgently addressing the pandemic. I also ask, together with the end to military threats, the end to the illegal sanctions and blockade that restrict the access of humanitarian goods that are so necessary for the country today. I wholeheartedly ask you not to allow your country to be dragged once again into another unending conflict, another Viet Nam, another Iraq, but this time, closer to home.The peoples of the United States and Venezuela are not as different as their lies intend us to believe. We are peoples seeking a more just, free and compassionate society. Let us not let the particular interests of minorities blinded by ambition to set us apart. We, as our leader Hugo Chávez once said, share the same dream. The dream of Martin Luther King is also the dream of Venezuela and its revolutionary government. I invite you to struggle together in order to make that dream come true.No to a United States war against Venezuela.No more criminal sanctions.We want Peace.Nicolás Maduro MorosPresident of the Bolivarian Republic of VenezuelaFacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Twitter Facebook Previous articleListen: Ball Don’t Lie: Preseason Predictions (Almost)Next articleTurpin dragged, slammed girlfriend to ground during Saturday altercation TCU 360 Staff RELATED ARTICLESMORE FROM AUTHOR TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ Return of the disco: Latest fashion trends mirror the 1970s Linkedin TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ TCU 360 Staff ReddIt ReddIt Pantone: Color of the year 2020 TCU 360 Staffhttps://www.tcu360.com/author/tcu-360-staff/ Behind the runway: One TCU student’s experiences at Fashion Week News Now 4/10/20 Facebook TAGSbroadcastvideo Linkedin TCU News Now 8/26/20 TCU 360 is an official, student-produced product of the School of Journalism at Texas Christian University. Twitter TCU News Now 4/24/20 printThis week on TCU News Now, an update on the arrest of a TCU football player and the official accreditation of TCU’s newest school of medicine.News Now 10/24/18 from TCU Student Media on Vimeo. Sustainability is the new green: Fashion companies work towards environmentally-conscious practices + posts
May 31, 2021 Find out more RSF_en to go further News Follow the news on Cameroon Case against Amadou Vamoulké baseless, French lawyers tell Cameroon court The editor of the newspaper Climat Social and president of the National League for the Defence of the Rights of Disadvantaged Persons, Emmanuel Mbombog Mbog Matip has been forgotten by the judicial system ever since his arrest more than eight months ago on a charge of spreading fake news. Six armed men arrested him at his home on 17 August 2020, when he was investigating two stories involving various senior Cameroonian officials. One was about an alleged coup plot, the other about the theft of luxury cars from Togo. He had received several threats and had been the target of an intimidation attempt shortly before his arrest. Matip, whose feet were amputated after a road accident in 1992, says he was physically mistreated and humiliated at the time of his arrest and in the hours that followed. After initial interrogation at military intelligence headquarters, he was held without an arrest warrant at the defence ministry for three weeks before being brought before a military court in Yaoundé and then taken to Kondengui prison, where Covid-19 is out of control. He is still being held in Kondengui, although his provisional detention order expired on 7 March. “This journalist has been treated in a disgraceful manner that has included a heavy-handed arrest, being hauled before a military court and being subjected to an arbitrary provisional detention that has already expired,” said Arnaud Froger, the head of RSF’s Africa desk. “The entirely illegal prolongation of his detention is clearly motivated by a desire to prevent him from continuing his investigative reporting. We call for his immediate release.” The head of the Cameroonian Independent Journalists Union (SYNAJIC), Alex Koko à Dang, told RSF that Matip’s arbitrary detention was the latest of many attempts to “gag the press” in Cameroon. Matip, who has submitted many release requests that have gone unanswered by the authorities, is not the only journalist currently being subjected to arbitrary prolonged imprisonment in Cameroon. Cameroun Web reporter Paul Chouta has been held for more than two years in Yaoundé’s main prison on a fake news charge. After 26 hearings, an outcome to his trial is expected on 6 May. The former director-general of the state-owned radio and TV broadcaster CRTV, Amadou Vamoulké, 71, has been held for nearly five years in the same prison as Matip without being convicted on any charge. Instead he is being subjected to an absurdly prolonged trial that has so far seen 65 hearings, which is unprecedented for a Cameroonian journalist. Cameroon has fallen another place in RSF’s 2021 World Press Freedom Index and is now ranked 135th out of 180 countries. Cameroonian journalist Paul Chouta sentenced and fined in defamation case CameroonAfrica Condemning abusesProtecting journalists ImprisonedFreedom of expression Reporters Without Borders (RSF) calls for the release of Emmanuel Mbombog Mbog Matip, a journalist who has been imprisoned without trial in Cameroon since last August and who is being held in an entirely illegal manner. Organisation April 19, 2021 Find out more April 23, 2021 Cameroonian reporter jailed since August, abandoned by justice system Receive email alerts Journalist Emmanuel Mbombog Mbog Matip, director of Climat Social. Credit : Actu Cameroun Help by sharing this information May 19, 2021 Find out more CameroonAfrica Condemning abusesProtecting journalists ImprisonedFreedom of expression News News Well-known Cameroon reporter held for nearly two years News
Leonardo Muñoz/EPA vía Shutterstock to go further “This case highlights how hard it is for the press to tackle public interest subjects that reflect badly on Colombia’s politicians and authorities,” said Emmanuel Colombié, the head of RSF’s Latin America bureau. 2011-2020: A study of journalist murders in Latin America confirms the importance of strengthening protection policies Defence minister Guillermo Botero’s immediate claim that the article was “full of inconsistencies,” was quickly followed by condemnation from other politicians such as Sen. Álvaro Uribe Vélez (a former president) and Sen. María Fernanda Cabal, who insinuated on Twitter by means of misleading photos that Casey was corrupt and in the pay of the FARC guerrillas. Organisation The affair has also made waves within the Colombian media, some of which already had the information revealed by the NYT. Well-known columnist Daniel Coronell wrote in his column for the newsweekly Semana on 26 May that the magazine had been in possession of this information since February but decided not to publish it. He was promptly fired without any proper explanation being offered although he had worked for Semana for 19 years. Despite all the attacks questioning the NYT story’s accuracy, the Colombia government created an independent commission of enquiry into the army directives on 24 May, the attorney-general opened a preliminary investigation into Gen. Martínez on 28 May and the army announced on 29 May that it was going to modify its instructions to combat troops. Widely relayed on social networks, these aggressive reactions prompted a spate of insults and threats against Casey and Rios, with the result that they left Colombia on 19 May as a safety measure. “The government tried to cover up this story without imagining that it might be revived by the New York Times,” Coronell told RSF, deploring the fact that, “self-censorship is standard practice within many news organizations in Colombia.” RSF begins research into mechanisms for protecting journalists in Latin America Receive email alerts “The vilification and intimidation that preceded and followed this article are disgraceful and unacceptable, and constitute a grave threat to press freedom in Colombia. President Ivan Duque and his administration must encourage the emergence of independent media, which are essential for any democracy worthy of the name.” May 13, 2021 Find out more Reports RSF, IFEX-ALC and Media Defence, support FLIP and journalist Diana Díaz against state harassment in Colombia News Help by sharing this information ColombiaAmericas Condemning abusesProtecting journalistsMedia independence Freedom of expression Follow the news on Colombia ColombiaAmericas Condemning abusesProtecting journalistsMedia independence Freedom of expression April 27, 2021 Find out more News RSF_en The article by Nicholas Casey reported that army commander-in-chief Gen. Nicacio Martínez had ordered his troops to double the number of criminals and militants captured or killed in military operations, even if that meant more civilian casualties. Based on official army documents and interviews with senior army officers, the report triggered a series of aggressive statements and threats against Casey and Federico Rios, a freelance photographer who often works for the NYT in Colombia. May 31, 2019 Colombia: NYT story about Colombian army prompts alarming wave of intimidation News October 21, 2020 Find out more Colombia is ranked 130th out of 180 countries in RSF’s 2019 World Press Freedom Index. Reporters Without Borders (RSF) calls on the Colombian authorities to respect the media’s work and condemns the poisonous climate for independent journalism, including verbal attacks and intimidation attempts, since a New York Times story on 18 May reflecting badly on the Colombian army high command.
CubaAmericas New press freedom predators elected to UN Human Rights Council Darsi Ferrer, a dissident public health activist who contributes to independent news media, was finally tried yesterday on charges of “irregularities” and “assault” and was granted a conditional release after being held without trial since July 2009.A physician who heads the independent “Juan Bruno Zayas Health and Human Rights Centre,” Ferrer upset the authorities by gathering and disseminating information about the current state of the Cuban health system and the situation of political prisoners.Ferrer had been held in Valle Grande prison, west of Havana, since his arrest on 21 July 2009, for which the official reason was his “illegal” acquisition of building materials to repair his house . Prosecutors requested a three-year jail sentence, but the court sentenced him yesterday to 15 months and said he could serve the remaining four months under house arrest.“We are obviously relieved by Ferrer’s release even if he was finally given a jail sentence to match the time he already had spent behind bars,” Reporters Without Borders said. “No one is fooled about the real reason for his detention as this is a country in which the authorities tolerate no public expression of dissenting views. His release was not in any way an act of clemency or, even less so, a sign of an improvement in respect for basis rights and freedoms.”Cuba still has approximately 200 prisoners of conscience, who include 24 journalists. One of them is the Reporters Without Borders correspondent Ricardo González Alfonso, who has been held since the “Black Spring” crackdown of March 2003.Dissidents continue to be the target of harassment, repression and hate campaigns by the authorities and their supporters. Hablemos Press, a small independent news agency, reported that two more journalists, José Manuel Caraballo Bravo and Raúl Arias Márquez of the Agencia de Prensa Libre Avileña (APLA), were arrested on 21 June.Reporters Without Borders reiterates its appeal to the community of Latin American countries to intercede on behalf of Cuba’s imprisoned journalists and dissidents, some of whom have fallen seriously ill since their arrest CubaAmericas October 15, 2020 Find out more June 23, 2010 – Updated on January 20, 2016 Dissident doctor and reporter paroled after nearly a year in pre-trial detention Help by sharing this information RSF_en RSF and Fundamedios welcome US asylum ruling in favor of Cuban journalist Serafin Moran Santiago Receive email alerts to go further Follow the news on Cuba Cuba and its Decree Law 370: annihilating freedom of expression on the Internet News May 6, 2020 Find out more October 12, 2018 Find out more News News News Organisation
Previous articleGIRLS HIGH SCHOOL SOCCER: Lady Bronchos host Lubbock-Cooper to open seasonNext articleStudy: Social isolation among seniors is widespread, but these resources can help Digital AIM Web Support UTPB NOTEBOOK: Falcons ready to return to the court WhatsApp Facebook Twitter Pinterest Pinterest UTPB’s head coach Rae Booth talks to her players before the start of the second period. The University of Texas Permian Basin women played Tarleton State University in the Falcon Dome Saturday. Both the UTPB men’s and women’s basketball teams are ready to return to the court this weekend after some time off with the Christmas break.For women’s basketball coach Rae Boothe, she’s just ready to see the Falcons take the court in general. Her team has only played one regular season game to this point, a 72-59 victory over Western New Mexico back on Dec. 15.The first two scheduled Lone Star Conference series between UT-Tyler and Cameron were both postponed due to COVID-19 protocols with UTPB’s opponents. Despite the delays, Boothe credited her team for making the best of the circumstances.“I think a lot of what’s happened to us is out of our control, but I’m really proud of how our women have handled adversity,” Boothe said during a Zoom press conference Monday. “We are continually doing everything we can to put ourselves in a position to be ready.”The Falcons’ next chance to take the court comes this weekend as they host Arkansas Fort Smith in a two-game series beginning at 2 p.m. Saturday at the Falcon Dome followed by another matchup with the Lions on Sunday.In preparing for the game, Boothe said that the time off came at a good point for her team to recharge and focus on things outside of basketball. She added that players were allowed to go home during the break and said that everyone is healthy upon returning to campus.“I think probably every coach in the country is so nervous right now with the travel,” she said. “Thankfully, so far, everyone is healthy.”The team was scheduled to hold its first practice Monday in preparation for the weekend series against the Lions. Boothe added that she’s glad to get a few days to get her team ready and hopes to use the pair of games to adjust her lineups with her team at close to full strength.“We hope that we have everyone as healthy as possible to play Saturday and Sunday,” Boothe said. “We were hoping to experiment a little bit more against Cameron but we didn’t get that chance.“Hopefully, we’ll get it down to what would have been a top 10 after four conference games.”>> APPROACHING A RECORD: The UTPB men’s basketball team is looking to keep its strong start to the season going in its two matchups against Arkansas Fort Smith this weekend.The Falcons are currently 5-0 and one more victory would match the best start in program history.Head coach Josh Newman said that he believes his team can do even better because they have had to reshuffle the lineups with players having to fill in at different positions.He added that his focus is just on winning whoever the Falcons play next, not so much chasing after records. “I think it’s great for the fans and for the media and I wish our fans were able to watch us play,” Newman said. “But for me as a coach and I’ve said this from the beginning of my career that we don’t measure the season success by wins and losses but by championships.”“We just want to put our team in the best situation come March to win a conference championship and hopefully punch out ticket to the big dance.”>> FAMILIAR FOE: Newman is also getting set to once again face a program that he had a hand in building up from a junior college program to a four-year Division II team.He spent 12 seasons as head coach with Arkansas Fort Smith before taking charge of the UTPB program prior to the 2018-19 season. He added that he still has a connection to the program for being a part of that transition.At the same time, his focus will be going up against a Lions team that runs a system that Newman says his team hasn’t had much experience facing.“They’re unique because they’re a motion team and that’s not something we’re going to see a tremendous amount,” he said. “They’re also a pack line defensive team and that’s something that we haven’t seen a lot of this year.“They’re going to sit back and dare you to make shots. The way I coach is that we give our guys a lot of offensive freedom so they’re going to see open shots all night long. We just have to make them.”>> Follow Tony Venegas on Twitter at @OA_TVenegas By Digital AIM Web Support – December 28, 2020 Facebook TAGS WhatsApp Twitter SportsCollegeLocal News
[Gujarat HC & GSLSA E-Lok Adalat] 10,945 Cases Disposed Of And Rs 191.19 Crores Settled By Way Of Amicable Settlements [Read Press Release]
News Updates[Gujarat HC & GSLSA E-Lok Adalat] 10,945 Cases Disposed Of And Rs 191.19 Crores Settled By Way Of Amicable Settlements [Read Press Release] Sparsh Upadhyay28 Sep 2020 1:45 AMShare This – xOn Saturday (26th September) under the auspices of the High Court of Gujarat and the Gujarat State Legal Services Authority [GSLSA], a state-wide e-Lok Adalat was organised across the State of Gujarat including at High Court and all the District and Taluka Courts.Significantly, all proceedings of the e-Lok Adalat were conducted through video conferencing, wherein the Ld. Advocates and the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn Saturday (26th September) under the auspices of the High Court of Gujarat and the Gujarat State Legal Services Authority [GSLSA], a state-wide e-Lok Adalat was organised across the State of Gujarat including at High Court and all the District and Taluka Courts.Significantly, all proceedings of the e-Lok Adalat were conducted through video conferencing, wherein the Ld. Advocates and the parties of the cases including the Officers of the Insurance Companies etc. also joined through video conferencing.As per the Press Release issued by the High Court”In this e-Lok Adalat 10142 pending cases and 803 Pre-litigation cases have been disposed of. Of these pending cases disposed of, 79 cases were disposed of in the e-Lok Adalat held at the High Court. There total pendency reduced by way of e-Lok Adalat is 10142 cases and the total outcome of e-Lok Adalat is 10945 cases (Pending + Pre-litigation).”Significantly, the total amount of Rs. 191.19 Crore came to be settled by way of the amicable settlements between the parties which, apart from other litigants, also included State Government or the Insurance Companies on one of the sides in many of the cases.The success of the e-Lok Adalat has been attributed to the systematic preparations done in advance and in a uniform manner across all level of Court Establishments by way of publishing a Standard Operating Procedure (SOP) by Gujarat State Legal Services Authority (GSLSA).Lastly, the Press Release states”Under the able stewardship of Honourable Mr. Justice Vikram Nath, Chief Justice, High Court of Gujarat and the Patron-in-Chief, Gujarat State Legal Services Authority (GSLSA); Honourable Mr. Justice R. M. Chhaya, Executive Chairman, Gujarat State Legal Services Authority (GSLSA) and Honourable Ms. Justice Bela M. Trivedi, Chairperson, Gujarat High Court Legal Services Committee [GHCLSC], the success of e-Lok Adalat even in the present trying times of COVID-19 pandemic crisis has again established the efficacy of the conciliatory approach of dispute resolution in addition to the fruitfulness of use of technology in Alternative Dispute Resolution(ADR).”For detailed statistics and District-wise breakup of the cases disposed of, please refer to the press note attached herewith.Click Here To Download Press Release[Read Press Release] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Whether Non-payment Of Rent Would Qualify As An Operational Debt Under IBC? Supreme Court Issues Notice
Top StoriesWhether Non-payment Of Rent Would Qualify As An Operational Debt Under IBC? Supreme Court Issues Notice LIVELAW NEWS NETWORK29 Jan 2021 6:55 AMShare This – xWhether the non-payment of rent would qualify as an operational debt within the meaning of Section 5(21) of the Insolvency and Bankruptcy Code 2016? The Supreme Court issued notice in an appeal filed against an order passed by National Company Law Appellate Tribunal.In this case, the landlord filed the Application under Section 9 of Insolvency and Bankruptcy Code, 2016, which…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginWhether the non-payment of rent would qualify as an operational debt within the meaning of Section 5(21) of the Insolvency and Bankruptcy Code 2016? The Supreme Court issued notice in an appeal filed against an order passed by National Company Law Appellate Tribunal.In this case, the landlord filed the Application under Section 9 of Insolvency and Bankruptcy Code, 2016, which was dismissed by the Adjudicating Authority on ground that dues in the nature of rent of immovable property do not fall under the head of Operational Debt as defined under Section 5 (21) of IBC. The NCLAT upheld this order of the Adjudicating Authority referring to its earlier judgment in M. Ravindranath Reddy Versus G. Kishan & Ors.In appeal, the appellant contended that there are two conflicting decisions of NCLAT on the issue and that, in the present case, the demand was both in respect of the arrears of rent as well as on account of damages for breach of the lock-in period. The decision in Anup Sushil Dubey v National Agriculture Co-operative Marketing Federation of India Limited & Ors, was referred to.Taking note of this, the bench comprising Justices DY Chandrachud, Indira Banerjee and Sanjiv Khanna issued notice.In Ravindranath Reddy, the Tribunal (three member bench headed by Justice A.I.S. Cheema) considered this issue: Whether a landlord by providing lease, will be treated as providing services to the corporate debtor, and hence, an operational creditor within the meaning of Section 5(20 )read with Section 5(21) of the ‘Insolvency and Bankruptcy Code, 2016? “An operational debt is essentially a claim in respect of the following: (a) provision of goods; (b) provision of services, including employment; or (c) a debt arising under any statute and payable to Government/local authority. If the claim by way of debt does not fall under any of the three categories as mentioned above, the claim cannot be categorized as an operational debt, even though there may be a liability or obligation due from the corporate debtor to the creditor, and hence, such a creditor disentitled from maintaining an application for initiation of corporate insolvency resolution process (CIRP) of the corporate debtor”, it was held in that judgment. In Anup Sushil Dubey, the NCLAT bench (two member) headed by Justice Venugopal M., held that lease rentals arising out of use and occupation of a cold storage unit which is for Commercial Purpose is an ‘Operational Debt’ as envisaged under Section 5 (21) of the Code. To hold thus, the bench had relied on ‘Para 5.2.1’ of the Supreme Court judgment in Mobilox Innovations Private Limited V/s. Kirusa Software Private Limited (2018) 1 SCC 353. [Note: The said ‘Para 5.2.1’ are not Supreme Court’s own observations but from a report by Bankruptcy Law Reforms Committee (quoted in the judgment)] In the impugned judgment, this aspect has been noticed by the bench (headed by Justice AIS Cheema) which observed as follows: “We have gone through the original Judgment in the matter of Mobilox Innovations Private Limited V/s. Kirusa Software Private Limited as reported in (2018) 1 SCC 353, in Paragraph 22 of the Judgment, the Hon’ble Supreme Court was reproducing portions from the final report dated November, 15 of Insolvency Law Reforms Committee and Paragraph 5.2.1 which was part of the report of the Committee was reproduced. Such paragraph 5.2.1 of report of Insolvency Law Reforms Committee has been recorded in Paragraph 17 of the Judgment as if it is observation of the Hon’ble Supreme Court in the matter of Anup Shushil Dubey Vs. National Agriculture Co-operative Marketing Federation of India Limited & Ors. This is apparently not correct.”CASE: PROMILA TANEJA vs. SURENDRI DESIGN PVT LTD. [Civil Appeal No(s).4237/2020]Click here to Read/Download OrderRead OrderNext Story