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NCLAT

NCLT Rule 49 Grants Adjudicating Authority Discretion to Proceed Ex Parte; This Power Is Not Absolute: NCLAT Delhi

June 9, 2024 267 Views 0 comment Print

In the case of Ashok Tiwari Vs DBS Bank India, the NCLAT rules on Rule 49, allowing proceedings to proceed ex parte when the corporate debtor fails to appear, stirring debate.

No power to Adjudicating Authority to substitute its own Assumption with CoC’s Commercial Wisdom

June 7, 2024 849 Views 0 comment Print

Dive into the NCLAT judgment on Sarda Energy vs Ashish Arjunkumar Rathi, exploring why the Adjudicating Authority can’t substitute CoC’s decisions.

Service of notice gets affected when sent to correct address by registered post

June 4, 2024 804 Views 0 comment Print

Discover the NCLAT Delhi’s verdict on Mukund Rajhans vs Rajasthan Patrika Pvt Ltd. The corporate debtor’s liability clarified in the latest NCLAT order.

Extension of Payment Time in Resolution Plan not constitute plan modification

June 4, 2024 438 Views 0 comment Print

Analysis of Ashok Dattatray Atre Vs State Bank of India case by NCLAT Delhi. Learn about time extension in payment under IBC and its implications on resolution plans.

NCLAT upholds admission of SBI’s IBC Section 7 application citing errors & legal misinterpretations

June 4, 2024 318 Views 0 comment Print

NCLAT Delhi rules on the admissibility of a Section 7 application by State Bank of India against Advantage Overseas Pvt. Ltd., allowing it despite the timing of the OTS failure. Read the full analysis.

NCLAT Orders Resubmission of Resolution Plan to CoC with NOIDA’s Secured creditor Claim

June 4, 2024 654 Views 0 comment Print

Learn about SP Probuild LLP Vs. Rabindra Kumar Mintri & Ors case. NCLAT Delhi ruling states that resubmission of resolution plan awaits pending applications.

NCLAT Directs NCLT on CoC Reconstitution: Srei Equipment Finance Ltd. Vs Harsh Arora

May 31, 2024 270 Views 0 comment Print

NCLAT directs NCLT to decide on reconstitution of CoC after considering reply in Srei Equipment Finance Ltd. Vs Harsh Arora case. Full text of judgment included.

Only costs directly related to CIRP & approved by CoC can be classified as CIRP costs: NCLAT

May 31, 2024 1086 Views 0 comment Print

NCLAT Delhi rules on Avil Menezes’ appeal regarding CIRP costs in Sunil Hitech vs Abdul Qudduskhan case. Detailed analysis of fabrication and erection work claims.

Insolvency Dilemmas: NCLAT’s Verdict on Section 185 Compliance in CIRP Claims

May 30, 2024 573 Views 0 comment Print

Explore the AVJ Heights vs. India Infoline case, NCLAT’s stance on Section 185 compliance in CIRP claims, implications for financial institutions, and legal analysis.

Purpose of IBC is reorganization & insolvency resolution, not debt recovery: NCLAT Delhi

May 28, 2024 402 Views 0 comment Print

NCLAT clarifies that absence of GST refund/ITC claim in demand notice or Form 5 is not grounds for default under CIRP as per Section 9 of IBC.

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