NCLAT Delhi held that appellant as a personal guarantor, has been deliberately avoiding participation in the Section 95 proceedings. Accordingly, initiation of proceeding u/s. 95 of the Insolvency and Bankruptcy Code against personal guarantor duly admitted by NCLT.
NCLAT Delhi held that extension of limitation u/s. 19 of the Limitation Act, 1963 not admissible since there was no acknowledgement by Corporate Debtor. Accordingly, rejection of application under section 9 rightly rejected as time barred.
NCLAT Delhi held that order rejecting application for intervention under section 65 of the Insolvency and Bankruptcy Code is set aside and intervention petition is revived since application is not filed to derail CIRP. Accordingly, appeal disposed of.
The NCLAT has set aside a Section 7 insolvency proceeding after the Corporate Debtor repaid the full pending amount, ruling that such proceedings are not valid once the debt is settled.
NCLAT dismisses liquidator’s appeal, instructs re-engagement with GST Dept for removal/disposal of seized goods from corporate debtor’s premises, sets 3-month timeline.
NCLAT Delhi has stayed the immediate announcement of a liquidator replacement vote for Edelweiss ARC, pending a decision on its “related party” status in the Stakeholder Consultation Committee.
The NCLAT Delhi has granted UCO Bank’s appeal, extending the CIRP for Shri Ram Switchgears Limited by 30 days and excluding 148 days due to IRP replacement delays.
NCLAT Chennai held that as per the Insolvency and Bankruptcy Code [IBC] there is no provision to ‘provisionally’ constitute the Committee of Creditors [CoC]. Thus, CoC once constituted is final and cannot be revised by IRP.
NCLAT Chennai held that provisions of section 60(1) of the Insolvency and Bankruptcy Code prescribes that question of jurisdiction has to be raised at the very first available instance and not at the stage when the proceedings have been concluded.
NCLAT Delhi closes the Corporate Insolvency Resolution Process [CIRP] of corporate debtor since construction of flats is completed and possession is handed over to all the claimant homebuyers and there is no claimant left.
