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NCLAT

Allottees’ Rights must be Preserved in CIRP, RP best Suited to determine Business Operations: NCLAT

April 3, 2024 345 Views 0 comment Print

NCLAT held that rights of allottees are safeguarded in CIRP, with RP empowered to make decisions regarding business operations. Details of the judgment provided.

MoU & Ledger Extract Insufficient for admitting Financial Debt: NCLAT

April 3, 2024 708 Views 0 comment Print

In a case between D S Kulkarni & Associates and Manoj Kumar Aggarwal, NCLAT Delhi ruled that mere MoU & Ledger Extract are inadequate to claim financial debt, rejecting the appeal.

Speculative Investor Ineligible for Financial Creditor Status under IBC

March 30, 2024 624 Views 0 comment Print

Naman Infradevelopers Pvt. Ltd. vs Metcalfe Properties Pvt. Ltd.: NCLAT rules advance payment by speculative buyer in real estate not financial debt under IBC.

Application under Section 12A: CoC’s Discretion to Evaluate Settlement Proposal

March 14, 2024 558 Views 0 comment Print

In Shaji Purushothaman vs. Union Bank of India, the CoC can evaluate an applicant’s settlement proposal under Section 12A against the approved resolution plan.

Resolution applicant not allowed to withdraw/Alter Resolution Plan after approval by CoC

March 14, 2024 417 Views 0 comment Print

Learn about a case where a resolution plan approval by CoC binds stakeholders, rejecting an ex-promoter’s attempt to propose a settlement after approval.

NCLAT Sets Aside NCLT Order Allowing Suspended Director to Pursue Settlement Amid Plan Approval Proceedings

March 14, 2024 393 Views 0 comment Print

Read a detailed analysis of the NCLAT judgment in Nehru Place Hotels And Real Estates Private Limited Vs Sanjeev Mahajan. Learn about the resolution plan approval and settlement proposal rejection.

NCLT Must Allow SRA Opportunity Before Directing CoC on Management’s Settlement Proposal: NCLAT

March 9, 2024 537 Views 0 comment Print

Read how NCLAT Delhi ruled that NCLT cannot direct Committee of Creditors without giving an opportunity to Successful Resolution Applicant (SRA) in the case of One City Infrastructure Pvt. Ltd. Vs Pratham Expofab Private Limited.

Resolution plan rejected u/s. 29A(c) as applicant managed and controlled corporate debtor: NCLAT Delhi

March 9, 2024 633 Views 0 comment Print

NCLAT Delhi ruling on Navayuga Engineering vs. Umesh Garg emphasizes Section 29A(c) of IBC, disqualifying those managing corporate debt failing to clear debts.

NCLAT Rejects Late Claim Post-Resolution Plan Approval

March 3, 2024 336 Views 0 comment Print

NCLAT upholds the rejection of a late claim submitted after CoC’s approval of a resolution plan, emphasizing timely submission in insolvency proceedings.

NCLAT Rules NCLT Can Decide Trademark Issues in IBC Cases

March 3, 2024 726 Views 0 comment Print

Gloster Cables claims ownership of the GLOSTER trademark in a dispute with Fort Gloster during insolvency proceedings. Learn about the arguments on jurisdiction, assignment validity, and the impact of the BIFR order.

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