NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.
NCLAT Chennai held that suspension of initiation of CIRP (Corporate Insolvency Resolution Process) as per provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 applies to date of default i.e. 31.03.2020.
NCLAT rules in favor of Tata Power, stating no arrears payment needed before the date of Resolution Plan approval against Jagannath Sponge Pvt Ltd.
NCLAT Chennai dismisses Kotak Mahindra Bank’s appeal in the Orchid Pharma case, affirming limited authority post approval of resolution plan. Analysis and conclusion provided.
A deep dive into NCLAT Chennai judgment on minority shareholder rights & Board Meetings in case of Radhakrishnan Babu Nirmala Vs Precise Limbus Eye Care.
NCLAT Delhi rules in Suniel Dhandhania & Anr Vs Vichitra Narayan Pathak that an email doesn’t qualify as a valid notice under NCLT guidelines.
NCLAT Delhi held that initiation of CIRP under section 9 of the Insolvency Bankruptcy Code, 2016 unsustainable as dispute regarding credit/refund of the service tax amount existed prior to the issue of demand notice under section 8.
NCLAT Delhi held that the settlement entered into by KNCEL (Kiratpur Ner Chowk Expressway Limited) and NHAI (National Highways Authority of India) for foreclosure of the Concession Agreement relating to Kiratpur – Ner Chowk Project under the MoRTH Guidelines is in accordance with the approved Resolution Framework
NCLAT Chennai held that there is `no Law’, which specifically envisages that unless, the `Legal Representatives’, become `Members’ of a `Company’, the `Legal Representatives’, of the `Deceased’, shall not become a `Party’, to the `Proceedings’, under Section 241 and 242 of the Companies Act, 2013.
NCLAT Delhi held that claim of the appellant, to Interim Resolution Professional (IRP) during the process of CIRP, duly rejected as the claim was based on MOU/ agreement which were forged document.
