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NCLAT

Creditors can file CIRP through a authorized Resolution Professional

June 30, 2024 432 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 561 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 447 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.

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

June 13, 2024 480 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 939 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 900 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 927 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 246 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 831 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.

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