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NCLAT

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

November 4, 2024 861 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 411 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 345 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 396 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 165 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 261 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.

No tax claims should be accepted by RP after lapse of extended period of 90 days of Insolvency commencement date

October 29, 2024 363 Views 0 comment Print

During the moratorium, tax assessment proceedings were initiated by CIT (appellant) against the corporate debtor. An order for the assessment year 2018-19 was passed on March 31, 2022.

Assets held in name of partnership firm is not personal property of personal guarantor: NCLAT Delhi

October 28, 2024 603 Views 0 comment Print

A Company Petition u/s. 95 of the IBC was filed by Operational Creditor-White Line Enterprises against Mr. Ramesh Kumar Chugh-Appellant who stood as a Personal Guarantor for repayment of the operational debt owed by M/s Sahil Home Loomtex Pvt. Ltd.

Dismissal of Section 65 Application Filed Before sec 7 IBC Application Admission Unjustified

October 26, 2024 243 Views 0 comment Print

NCLAT Delhi held that dismissal of application u/s. 65 of the Code on the ground that application has been filed before the admission of the application under Section 7 of the Code is not sustainable.

Financial Debt Adjustment Not Allowed in Section 4 IBC Threshold Calculation

October 26, 2024 279 Views 0 comment Print

NCLAT Delhi held that there is no provision under the Insolvency and Bankruptcy Code which allows set of/adjustment/ counter claim against financial debt for calculating threshold limit prescribed under section 4 of the Code.

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