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NCLAT

Non-declaration of dividend & director changes not Oppression & Mismanagement: NCLAT Delhi

August 21, 2024 333 Views 0 comment Print

NCLAT clarifies that non-declaration of dividend and director changes cannot be considered acts of oppression and mismanagement in family-run companies.

NCLAT Affirms Adjudicating Authority’s Power to Determine Fees & Expenses of RP

August 14, 2024 267 Views 0 comment Print

NCLAT Delhi upholds the jurisdiction of the Adjudicating Authority to determine fees and expenses of the Resolution Professional in the Raj Buildhome Pvt. Ltd. case.

Electricity supply during CIRP essential hence RP can take coercive step to collect amount for its payment: NCLAT Delhi

July 30, 2024 252 Views 0 comment Print

NCLAT Delhi held that electricity supply by NPCL, being in nature of supply of essential goods, was necessary to be continued during the period of moratorium (CIRP period).

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

July 30, 2024 231 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 453 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 525 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 537 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 432 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 375 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 549 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.

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