NCLAT Delhi held that the amount given as share application money did not constitute a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code 2016 (IBC). Thus, CIRP application u/s. 7 rightly rejected.
The said business transaction was carried out between the period from 11.05.2019 to 13.10.2021, where an amount of Rs. 4,48,30,421 was said to be due to be paid to him.
NCLAT Chennai held that liquidator cannot resort to proceedings under section 61 of Insolvency and Bankruptcy Code for the purposes of the challenging direction issued to the IBBI.
NCLAT Delhi held that issue of closure of the factory to be raised against Industrial Court or Labour Court under the Industrial Disputes Act, 1947 and not against adjudicating authority i.e. National Company Law Tribunal. Thus, appeal dismissed.
NCLAT affirms CoC’s authority under IBC Section 33 to liquidate a Corporate Debtor before resolution plan confirmation. CoC’s commercial decisions are non-reviewable.
The Appellant- Operational Creditor had undertaken to provide services for production of Television Commercial, print shoot and digital content for the Respondent -Patanjali Paridhan Private Limited under the terms of proforma invoice dated 17.10.2018.
NCLAT rules limitation period for IBC appeal starts from date of order pronouncement, not upload, dismissing appeal due to delay beyond permissible period.
The Appellant had filed appeal seeking direction against the Secretary, Ministry of Coal-Respondent No.1 and Coal Controller-Respondent No.2 not to withdraw the mine opening permission in respect of Marki Mangle – I Coal Block.
M/s Concord Infrastructure Pvt. Ltd. (Operational Creditor) filed an application u/s. 9 of the Insolvency and Bankruptcy Code, 2016 before the Adjudicating Authority against M/s Shubhkamna Buildtech Pvt. Ltd. (Corporate Debtor) which was admitted on 26.11.2018.
NCLAT Delhi held that admitting application under section 9 of the Insolvency and Bankruptcy Code 2016 for default in payment of operational debt justified in the absence of any credible or plausible pre-existing dispute.
