Discrepancies in financials prompted the Appellant to seek clarifications from Personal Guarantors – Respondents No. 2 and 3, and the late Mr. Bajrang Dass Aggarwal, who provided explanations on 25.02.2020.
NCLAT Delhi held that penalty under section 27(b) of the Competition Act, 2002 imposable since Google has abused its dominant position and has violated Section 4(2)(a)(i) and 4(2)(e) of the Competition Act, 2002.
NCLAT Delhi held that adjudicating authority, not solely relying on the resolution professional’s report, needs to conduct an independent assessment under section 100 of the Insolvency and Bankruptcy Code, 2016.
NCLAT Delhi held that lease hold rights are assets of Corporate Debtor hence termination of the same by GIDC is in violation of section 14 of the Insolvency and Bankruptcy Code, 2016. Thus, appeal filed by Resolution Professional deserves to be allowed.
NCLAT Chennai dismisses appeal as infructuous but raises concerns over the process followed by NCLT in passing the original order.
The Adjudicating Authority by the impugned order rejected MA No.03 of 2023. The Adjudicating Authority held that non-compliance by the Appellant of Regulation 21A, sub-regulation (2), the assets of Haldia Unit has become the Liquidation Estate of the CD.
NCLAT Delhi held that as per section 33(2) of the Insolvency and Bankruptcy Code, CoC is empowered to take decision to liquidate the Corporate Debtor thus resolution passed with 100% vote share directing for liquidation of Corporate Debtor [Go Airlines] justified.
NCLAT Delhi held that in absence of both disbursements directly to Corporate Debtor and default, attempt to invoke proceedings u/s. 7 of IBC unsustainable. Thus, since CIRP was fraudulent and malicious, dismissal u/s. 65 of IBC upheld.
NCLAT Delhi held that demand notice issued u/s. 95(4) of the Insolvency and Bankruptcy Code, 2016 [IBC] when sent to last known address as stipulated in Guarantee Deed is valid service of notice under established legal principles. Accordingly, appeals dismissed.
NCLAT rules allottee who cancelled unit by request cannot be financial creditor. Order directs payment of settled bank loan.
