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NCLAT

Resolution professional not personally liable for payment made with approval of CoC: NCLAT Delhi

July 30, 2024 216 Views 0 comment Print

NCLAT Delhi held that personal liability cannot be fastened on Resolution Professional for any payment made after CIRP, where such payment is made with the approval of CoC.

RERA Allottee Financial Creditors Must Meet Threshold for Section 7 IBC Application

July 20, 2024 402 Views 0 comment Print

NCLAT Delhi ruled that financial creditors who are allottees under RERA must meet the threshold criteria to file a Section 7 application under IBC. Learn more about the judgment.

NCLAT Raps Practising Company Secretary Over Filing Appeal with Voluminous Records

July 20, 2024 489 Views 0 comment Print

Read the full text of the NCLAT judgment/order in A. Vijayan & Ors. vs Silver Line Retreat Hotels Pvt. Ltd. Understand why the tribunal criticized the filing of voluminous records and how it impacts legal proceedings.

Corporate Guarantor’s Liability Stands Despite Non-Invocation of Guarantee: NCLAT

July 20, 2024 513 Views 0 comment Print

Submission of Appellant that since guarantee has not been invoked there is no debt cannot be accepted. Guarantee continues to bind Corporate Guarantor to discharge its liability and fact that as on date, guarantee has not been invoked, cannot be a ground for Appellant to be liquidated under Section 59 of IBC.

Lending institutions financing home purchases cannot be classified as financial creditors under IBC

July 20, 2024 414 Views 0 comment Print

It is not the scope & objective of IBC to include Banks Financial Institutions who advanced loans to Home Buyers to be considered as Financial Creditors & included in CoC

NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

July 14, 2024 351 Views 0 comment Print

NCLAT Delhi upholds NCLT decision against Rolta Private Limited’s assignment agreement as malafide, prolonging CIRP process. Full judgment analysis here.

Pending Section 230 Companies Act Scheme Doesn’t Bar CIRP Admission: NCLAT

July 3, 2024 507 Views 0 comment Print

Explore the detailed judgment in the Grand Developers Pvt. Ltd. vs. Nitin Batra & Ors. case by NCLAT Delhi, including key arguments, analysis, and conclusions.

Creditors can file CIRP through a authorized Resolution Professional

June 30, 2024 417 Views 0 comment Print

Explore the implications of creditors initiating insolvency proceedings against personal guarantors under Section 95(1) of IBC in Shrenik Ashokbhai Morakhia Vs Reliance Asset Reconstruction Company Ltd. (NCLAT Delhi).

NCLT should not interfere with commercial wisdom of company’s stakeholders: NCLAT

June 21, 2024 555 Views 0 comment Print

NCLAT Delhi rules NCLT lacks jurisdiction to modify appointed dates in commercial schemes once the Company Board approves. Read the detailed analysis and full judgment.

Pre-existing dispute cannot be decided in a summary procedure: NCLAT Delhi

June 21, 2024 432 Views 0 comment Print

Explore the NCLAT judgment in Sanjay Kumar vs. Gannon Dunkerley & Co, emphasizing NCLT’s limited jurisdiction under IBC in cases of pre-existing disputes.

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