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NCLAT

IBC: Liability arising from a recovery certificate constitutes a financial debt

May 15, 2024 561 Views 0 comment Print

NCLAT Chennai held that liability arising from a recovery certificate constitutes a financial debt under IBC. Therefore, application filed by PARAS is not barred by limitation.

Draft MOU: No Proof of Joint Venture vs. Corporate Debtor Relationship

May 5, 2024 318 Views 0 comment Print

Explore the intricacies of the Arunkumar Jayantilal Muchhala vs Awaita Properties Pvt. Ltd. case from NCLAT Delhi. Dive into the dispute over financial debt, default claims, and legal intricacies.

NCLAT Upholds CIRP Proceedings: Mukund Rajhans Vs Rajasthan Patrika

May 5, 2024 255 Views 0 comment Print

Detailed analysis of NCLAT’s decision in Mukund Rajhans vs Rajasthan Patrika regarding CIRP initiation under Section 9 of IBC for operational dues.

Appellant is unsecured Financial Creditor as creation of security interest on assets of Corporate Debtor not proved: NCLAT Delhi

April 30, 2024 675 Views 0 comment Print

NCLAT Delhi held that as creation of security interest on the assets of Corporate Debtor not proved by any documents, Resolution Professional duly declared Appellant as unsecured Financial Creditor.

No amount to be paid through partly paid ‘Redeemable Preference Shares to Operational Creditor

April 25, 2024 390 Views 0 comment Print

Operational Creditor cannot be paid through partly paid ‘Redeemable Preference Shares’ as the distribution of the amount to the Operational Creditor (other than Government Departments) was clearly contrary to provisions of Section 30 (2)(b)(ii).

Liquidator Fees under Regulation 4(2)(b): NCLAT Delhi Ruling

April 23, 2024 909 Views 0 comment Print

Analysis of Ashok Kumar Gulla vs State Bank of India case on payment of liquidator fees under Regulation 4(2)(b) of Liquidation Process Regulations by NCLAT Delhi.

Adjudicating Authority Correctly Admitted Section 7 Application: Debt & Default Proved

April 21, 2024 477 Views 0 comment Print

In the case of Shweta Sharma Vs SREI Equipment Finance Ltd., NCLAT Delhi upholds Section 7 application, proving debt and default, despite objections regarding arbitral award validity.

Adjudicating Authority cannot review judgment on merits: NCLAT Delhi

April 21, 2024 315 Views 0 comment Print

NCLAT Delhi ruling on Adisri Commercial Pvt. Ltd. Vs RBI & Ors. : Recall applications filed by Appellant are nothing but application to review judgment on merits which power is not vested with Adjudicating Authority.

New applicants barred from participating in CIRP without fresh Form G issuance: NCLAT

April 10, 2024 543 Views 0 comment Print

NCLAT decision bars new applicants from participating in CIRP without fresh Form G issuance, impacting Mamta Binani case. Full judgment analysis here.

Once a resolution plan is approved, Substitution of same is not permissible

April 9, 2024 408 Views 0 comment Print

NCLAT Delhi rejects SRA’s plea for substitution in resolution plan after CoC and NCLT approval. Analysis of UV Asset Reconstruction Company Ltd. & Anr. vs Aircel Ltd. case.

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