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NCLAT

CoC empowered to decide to liquidate Corporate Debtor before confirmation of resolution plan

November 14, 2024 243 Views 0 comment Print

NCLAT Delhi held that section 33 of Insolvency and Bankruptcy Code, 2016 (IBC) empowers the CoC to decide to liquidate the Corporate Debtor any time before the confirmation of the resolution plan by the Adjudicating Authority.

Corporate Debtor forfeited right to file arbitration application post filing of reply to Section 7 of IBC: NCLAT Delhi

November 13, 2024 189 Views 0 comment Print

Adjudicating Authority rejected the Application. Adjudicating Authority held that Section 7 Application need to be decided, the commencement of the Arbitration Proceeding before or after filing of Section 7 Application is immaterial.

TAAI’s allegations of Anti-Competitive Practices against Dept of Expenditure was dismissed as same did not qualify as an “enterprise”

November 12, 2024 201 Views 0 comment Print

Assessee- TAAI filed the appeal under Section 53B of the Competition Act, 2002, challenging the Competition Commission of India‘s (CCI) order dated 8.05.2020 alleging that the Department of Expenditure, Government of India, the Respondent No. 2, Balmer Lawrie & Co. Ltd.

Corporate Debtor dissolution u/s 54 of IBC could be sought after complete Liquidation

November 12, 2024 234 Views 0 comment Print

The CoC resolved not to initiate liquidation process and decided to file an application for dissolution of the CD. In pursuance of the resolution passed by the CoC in its fifth Meeting dated 29.04.2024, an IA was filed by the RP which came to be rejected by the Adjudicating Authority.

Non-Obtaining of NOC from Applicant Does Not Ipso Facto Invalidate Security Documents

November 4, 2024 756 Views 0 comment Print

In Bank of Baroda Vs Ajit Kumar, NCLT Mumbai rules that lack of NOC doesn’t nullify security documents during insolvency proceedings.

NCLAT Permits Ex-Promoter of NCS Sugars, to Bid as Resolution Applicant

November 4, 2024 369 Views 0 comment Print

Appeal filed by Meir Commodities challenging NCLT Hyderabad order allowing Narayanam Nageswara Rao to participate as a Resolution Applicant in CIRP.

Attempts to exploit insolvency framework to evade legitimate claims: NCLAT imposes Cost

November 1, 2024 321 Views 0 comment Print

Neon Laboratories Ltd Vs Mayank Shah & Anr. (NCLAT Delhi) In a recent judgment, the National Company Law Appellate Tribunal (NCLAT) in Delhi dismissed the insolvency petition filed by Neon Laboratories Ltd., marking a significant development in the case involving the operational creditor and Mayank Shah. The decision came as a result of an appeal […]

Limitation Period Starts on Order Pronouncement Date: NCLAT Delhi

October 31, 2024 354 Views 0 comment Print

NCLAT dismisses Shakir’s appeal, upholding procedural limits on delay condonation based on the timing of receiving court orders.

NCLAT Ends CIRP for Jaypee Healthcare, Appeals Disposed

October 31, 2024 156 Views 0 comment Print

NCLAT closes CIRP for Jaypee Healthcare as creditor claims are settled. The tribunal’s order supports final disbursements and halts insolvency proceedings.

Action u/s. 121 of I&B Code by creditor justified on failure to make payment as per repayment plan

October 29, 2024 249 Views 0 comment Print

NCLAT Chennai held that failure to make payment as per repayment plan grants liberty to the creditor to initiate action under section 121 of the Insolvency and Bankruptcy Code. Thus, action of creditors cannot be faulted.

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