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Rishabh Arora

Latest Posts by Rishabh Arora

An Advocate can issue demand notice on instruction of his client (operational creditor), even though not backed by Board Resolution

January 8, 2021 9051 Views 0 comment Print

Mohit Minerals Ltd Vs. Nidhi Impotrade Pvt Ltd  (NCLAT) An Advocate can issue demand notice on the instruction of his client (the operational creditor), even though not backed by the Board Resolution Brief Facts: An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was filed by the Appellant- Operational Creditor and dismissed […]

Refusal to accept delivery of notice is deemed acceptance of delivery & service of notice

January 5, 2021 3015 Views 0 comment Print

Sri D. Srinivasa Rao Vs. Vaishnovi Infratech Ltd (NCLAT) Brief Facts: An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Respondent- ‘Vaishnovi Infratech Ltd.’ (Corporate Debtor) filed by the Appellant- Operational Creditor was rejected by the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Special Bench on the ground that the […]

Application u/s 9 of IBC, 2016 is maintainable irrespective of amount of claim

January 5, 2021 5568 Views 0 comment Print

Aster Technologies Pvt. Ltd. Vs Solas Fire Safety Equipment Pvt. Ltd (NCLAT) Brief Facts: An application was filed under Section 9 of IBC and the Adjudicating Authority issued Notice but none appeared for Respondent. The Adjudicating Authority disposed of by directing the Respondent to settle the issue in question within a stipulated period while observing […]

Operational Creditors not entitled to same treatment as given to Financial & Secured Creditors

January 4, 2021 3036 Views 0 comment Print

Pratap Technocrats P Ltd & Ors Vs. Monitoring Committee of Reliance Infratel Ltd & Anr (NCLAT) Brief Facts: The version of appellants says that they were kept unaware of the Corporate Insolvency Resolution Process qua the Corporate Debtor, thus being wholly unaware of the progress of Resolution Process with no details provided by the Resolution […]

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