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NCLAT

NCLAT judgement on Key Managerial Personals (KMPs)

September 14, 2022 5583 Views 0 comment Print

Section 203 of Companies Act, 2013 states that every listed company and every other public company having a paid-up share capital of ten crore rupees shall have the CFO as whole-time key managerial personnel.

Limitation countable From Date of Certified Copy Preparation, Not Delivery

September 13, 2022 735 Views 0 comment Print

Limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of certified copy: NCLAT

NCLT can call any information/evidence under Rule 43: NCLAT

September 11, 2022 1752 Views 0 comment Print

Adjudicating Authority under Rule 43 of NCLT Rules, 2016, can call for any information or evidence as it may consider necessary in its discretion

NCLAT condone 197 Days Delay in refiling Subject to Cost of Rs.10,000

September 10, 2022 1497 Views 0 comment Print

Dinesh Mehta Vs Amit Kumar Mehta (NCLAT Delhi) This Appeal has been filed with 197 days delay in refiling the Appeal. Learned counsel for the Appellant submits that a document was to be filed alongwith the Appeal which has foreign origin – Sharjah, United Arab Emirates. He submits that time was taken to obtain translated […]

No remand back of resolution plan to COC over hyper-technical grounds

September 10, 2022 810 Views 0 comment Print

Since remanding of a resolution plan back to Committee of Creditors (COC) on the grounds of the procedural deviations raised by a dissenting minority in class of creditors, would render the CIRP a never ending process and was against the time bound resolution objective of the IBC.

Creditor can Claim from Successful Resolution Applicant If its Suit Is Decreed

September 8, 2022 714 Views 0 comment Print

If suit of Appellant is decreed, the claim being contingent, Appellant shall be entitled to claim from Successful Resolution Applicant

Refiling after removal of defects not amount to fresh filing: NCLAT

September 8, 2022 4566 Views 0 comment Print

NCLAT held that time period of 7 days for removal of defects is directory and refiling after removal of defects not amounts to a fresh filing.

Order cannot be recalled on basis of overruling of earlier Judgment: NCLAT

September 7, 2022 2403 Views 0 comment Print

NCLAT held that Order passed by the Adjudicating Authority cannot be recalled on basis of overruling of the earlier Judgment. Otherwise, the litigation would never come to an end.

Bankers Certificate not Mandatory to Trigger CIRP under Section 9 of IBC

September 5, 2022 1863 Views 0 comment Print

NCLAT held that Banker’s Certificate is not mandatorily required to trigger CIRP under Section 9 of IBC, 2016 (Code).

 NCLAT dismisses appeal of Tax department for casual attitude & non-prosecution

August 28, 2022 273 Views 0 comment Print

Excise and Taxation Department Vs Allied Strips Ltd. & Anr. (NCLAT) This case has been called out after a pass over but no one has put in appearance on behalf of the Appellant. It seems that the Appellant is not interested in pursuing this appeal though a claim has been set up of an amount […]

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