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NCLAT

IBC Doesn’t Equate Treatment of Related and Unrelated Parties: NCLAT

June 13, 2024 465 Views 0 comment Print

Learn about the NCLAT’s judgment in West Coast Paper Mills Ltd. Vs Bijay Murmuria case, where it upholds NCLT’s decision, rejecting parity treatment for related parties under IBC.

Security Deposit Claims Contingent on Future Obligations are Not Operational Debts

June 13, 2024 924 Views 0 comment Print

NCLAT Delhi rules that a claim for a security deposit refund is not an operational debt under the IBC, in the case of Carestream Health India vs Seaview Mercantile LLP.

CCDs cannot be treated as financial debt under IBC: NCLAT Chennai

June 13, 2024 855 Views 0 comment Print

The NCLAT Chennai ruled that Compulsory Convertible Debentures (CCD) without repayment obligations are considered financial debt under IBC. Learn more about the judgment.

Financial Creditors’ can File Second Petition under Section 7 of IBC for CD’s Continued Default

June 13, 2024 255 Views 0 comment Print

Detailed analysis of Desh Bhushan Jain vs Abhay Kumar case before NCLAT Delhi. Second petition under Section 7 of IBC challenged. Full judgment and implications explored.

NCLT cannot  unilaterally change appointed date while admitting scheme of arrangement 

June 9, 2024 867 Views 0 comment Print

NCLAT rules NCLT’s role in amalgamation schemes is supervisory, not appellate. Learn about the Marathon Nextgen Townships Pvt Ltd case and its implications.

NCLT Rule 49 Grants Adjudicating Authority Discretion to Proceed Ex Parte; This Power Is Not Absolute: NCLAT Delhi

June 9, 2024 228 Views 0 comment Print

In the case of Ashok Tiwari Vs DBS Bank India, the NCLAT rules on Rule 49, allowing proceedings to proceed ex parte when the corporate debtor fails to appear, stirring debate.

No power to Adjudicating Authority to substitute its own Assumption with CoC’s Commercial Wisdom

June 7, 2024 810 Views 0 comment Print

Dive into the NCLAT judgment on Sarda Energy vs Ashish Arjunkumar Rathi, exploring why the Adjudicating Authority can’t substitute CoC’s decisions.

Service of notice gets affected when sent to correct address by registered post

June 4, 2024 711 Views 0 comment Print

Discover the NCLAT Delhi’s verdict on Mukund Rajhans vs Rajasthan Patrika Pvt Ltd. The corporate debtor’s liability clarified in the latest NCLAT order.

Extension of Payment Time in Resolution Plan not constitute plan modification

June 4, 2024 405 Views 0 comment Print

Analysis of Ashok Dattatray Atre Vs State Bank of India case by NCLAT Delhi. Learn about time extension in payment under IBC and its implications on resolution plans.

NCLAT upholds admission of SBI’s IBC Section 7 application citing errors & legal misinterpretations

June 4, 2024 291 Views 0 comment Print

NCLAT Delhi rules on the admissibility of a Section 7 application by State Bank of India against Advantage Overseas Pvt. Ltd., allowing it despite the timing of the OTS failure. Read the full analysis.

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