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NCLAT

CoC Decision on Resolution Professional Replacement Upheld by NCLAT Delhi

January 13, 2024 504 Views 0 comment Print

In a case involving Partha Sarathy Sarkar vs. Specified Undertaking of Unit Trust of India Ltd., NCLAT Delhi upholds the CoC decision on replacing the Resolution Professional.

RP Empowered to Reject CoC’s Proposal for Bank Guarantees Renewal: NCLAT

January 9, 2024 420 Views 0 comment Print

Explore the NCLAT Delhi’s decision in IDBI Bank vs. Sumit Binani case, where the power vested in RP under IBC Section 25(1) to reject CoC’s proposal for renewal of bank guarantees is analyzed. Full judgment included.

No fee could be charged by Liquidator under scheme of section 230 of Companies Act, 2013

January 9, 2024 576 Views 0 comment Print

Appellant-Liquidator charged fee for the period from 15.03.2022 to 17.02.2023 as per the provisions of Regulation 4(2)(a) read with Proviso to Regulation 2B(3) of the Liquidation Regulations, 2016.

NCLT direction to handover Corporate Debtor to ex-management due to stay of CIRP unjustified

January 9, 2024 693 Views 0 comment Print

NCLAT Delhi held that Adjudicating Authority (NCLT) directing Resolution Professional to handover the Corporate Debtor to the ex-management on account of stay of the CIRP is wholly unjustified and accordingly such direction is liable to be set aside.

NCLAT Upholds Rs. 5000/Day Compounding fees for 20+ Directorships in Karan Samtani case

January 3, 2024 5835 Views 0 comment Print

National Company Law Appellate Tribunal (NCLAT) recently upheld the compounding fees of Rs. 5000 per day in the case of Registrar of Companies vs. Karan Kishore Samtani.

Successful Auction Purchaser entitled for certain reliefs to run corporate debtor as going concern

January 2, 2024 1044 Views 0 comment Print

NCLAT Delhi held that the Successful Auction Purchaser is entitled to receive certain reliefs and concessions to run the Corporate Debtor as going concern.

RERA has locus to file an appeal against order initiating CIRP

January 2, 2024 594 Views 0 comment Print

NCLAT Delhi held that RERA (Real Estate Regulatory Authority) being an aggrieved person under section 61 of I&B Code 2016 has a locus to file an Appeal against order initiating Corporate Insolvency Resolution Process (CIRP).

Financial assistant in JVA by way of Inter-corporate Deposit doesn’t qualify as financial debt

January 2, 2024 576 Views 0 comment Print

NCLAT Delhi held that financial assistance given by the Appellant in a Joint Venture Agreement (JVA) by way of an Inter-Corporate Deposit (ICD) does not fall within the canvas of financial debt as defined u/s. 5(8) of the IBC. Hence, CIRP application u/s 7 not entertained.

Income Tax Department’s Allocation Dispute in NCLAT Delhi Judgment

December 22, 2023 555 Views 0 comment Print

Explore the NCLAT Delhi judgment on Income Tax Department’s dispute over Rs.26,06,41,424 allocation in Resolution Plan. Analysis, implications, and key insights revealed.

NCLAT Chennai: Malavika Hegde vs. IndusInd Bank – Settlement Terminates CIRP

September 14, 2023 1176 Views 0 comment Print

Read full text of NCLAT Chennai order in case of Malavika Hegde vs. IndusInd Bank, where a settlement led to termination of CIRP proceedings.

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