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NCLAT

NCLAT Ends CIRP on Principal and Interest Payment

June 15, 2023 648 Views 0 comment Print

NCLAT’s decision to end the CIRP against Bhagwandas R. Bhattad, following their complete payment of the principal amount and interest

Appeal before NCLT not maintainable as appellant is not member of the company

June 14, 2023 942 Views 0 comment Print

NCLAT Delhi held that an appeal under the Companies Act, 2013 would be available to a ‘person’ who is either a ‘Member’ of the Company or a ‘Creditor’ or a ‘Director’. Since, appellant is none of these, appeal before NCLT is not maintainable.

NCLAT Accepts Private Sale in Favor of Appellant

June 14, 2023 690 Views 0 comment Print

NCLAT approves Kuldeep Singh & Anr’s private sale against Sainsons Pulp and Papers Ltd. liquidator, highlighting full payment with interest after initial delay.

Condonation in filing of claim under Form-C based on bald explanation not allowable: NCLAT

June 13, 2023 354 Views 0 comment Print

NCLAT Chennai held that condonation in filing of claim under Form-C based on bald explanation without sufficient cause for the delay is not allowable.

Rejection of Resolution Plant for Non-Compliance with Section 29A(G) & Section 240A

June 12, 2023 462 Views 0 comment Print

NCLAT held that that the Adjudicating Authority rightly rejected the Resolution plan as the same didn’t complied with the provisions of Section 29A(G) read with Section 240A of the Insolvency and Bankruptcy Code, 2016.

Principle of Natural Justice Upheld by NCLAT

June 12, 2023 996 Views 0 comment Print

Detailed review of NCLAT judgment in H S Oberoi Buildtech Pvt. Ltd. Vs Inderjit Singh & Anr., highlighting importance of principle of natural justice in passing orders

Vote via other modes in meeting of secured and unsecured creditors of Transferee company is allowable

June 10, 2023 459 Views 0 comment Print

NCLAT held that NCLT erred in not allowing to vote in other modes other than in person in meeting of secured and unsecured creditors of Transferee company as permitted as per Companies Act, 2013 and rules made thereunder.

Deciding validity or otherwise of Gift Deed is outside the jurisdiction of NCLT

June 10, 2023 894 Views 0 comment Print

NCLAT Delhi held that the NCLT has no jurisdiction to decide the validity or otherwise of the `Gift Deed’ more so when `fraud’ and `coercion’ is alleged.

Penalty duly imposable as role of accused in providing inputs for arriving at rigged pricing proved

June 7, 2023 357 Views 0 comment Print

NCLAT Delhi held that role of company as well as the appellant in providing inputs for arriving at rigged pricing is somehow or the other proved. Accordingly, imposition of penalty by the Commission cannot be faulted.

NCLT cannot review its judgment but it can recall on sufficient grounds: NCLAT

June 7, 2023 4722 Views 0 comment Print

NCLT is not conferred with power of review, it inherently possesses the power to recall a judgment on sufficient grounds under Rule 11 of National Company Law Appellate Tribunal Rules, 2016

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