Merely the fact that the liberty was given to the Appellant by the court and he failed to pursue the first appeal filed against the order dated 10.04.2023 did not mean that the Appellant could change the date of default at its convenience.
NCLAT Dehi held that if the CoC arbitrarily rejects a just settlement offer, the Adjudicating Authority as well as the Appellate Authority can always set aside such a decision. Thus, order admitting section 7 application upheld.
NCLAT Hyderabad dismisses CIRP petition due to operational creditor’s failure to validly serve demand notice, despite proven debt and default.
In the matter above-mentioned NCLAT have held that pre-existing dispute between the ex-director and its management company, could not have been resolved by the NCLT under the Code.
NCLAT Delhi dismisses Anuj Goyal’s appeal, affirming CoC’s right to conduct multiple challenge mechanisms for corporate debtor’s value maximization.
NCLAT Delhi held that where Notice under Section 13(2) of SARFAESI Act, 2002 makes a demand as per the Guarantee Agreement between the parties, the Notice has to be treated as notice for invocation of Personal Guarantee.
Explore NCLAT’s stance on cases involving malpractices and customs duty evasion, emphasizing the need for thorough investigation over IBC admission.
NCLAT Chennai partly allows an appeal, clarifying that NCLT cannot directly order ROC investigation but can direct the Central Government. The Tribunal modified bank account operation directives to increase transparency amid siphoning allegations in a family company dispute.
NCLAT Delhi confirms NCLT’s jurisdiction under Companies Act S.213 and NCLT Rules 11 to refer corporate fraud cases to SFIO, even during IBC. Upholds probe into Bhuvana Infra Projects, Bank of Maharashtra, and directors based on forensic audit.
Indo Alusys Industries Limited Vs SMW Metal Private Limited (NCLAT Delhi) National Company Law Appellate Tribunal (NCLAT), Delhi Bench, has dismissed an appeal filed by Indo Alusys Industries Limited (the ‘Operational Creditor’ or ‘Appellant’) against SMW Metal Private Limited (the ‘Corporate Debtor’ or ‘Respondent’). The NCLAT’s decision, pronounced on a date not specified in the […]
