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NCLAT

Struck off name of company from register of ROC sustained due to zero revenue

June 19, 2023 1134 Views 0 comment Print

NCLAT Delhi held that struck off the name of the company from the register of Registrar of Companies sustainable as Audited Financial Statement of two immediately preceding Financial Year reflect ‘zero revenue’ from its operations.

Claim of eligibility u/s 29A of IBC duly rejected as MSME certificate obtained subsequent to initiation of CIRP

June 16, 2023 2349 Views 0 comment Print

NCLAT Chennai held that as the Application for MSME certificate was made after the commencement of CIRP, such unauthorized Application cannot be considered and cannot tide over ineligibility under Section 29-A of the Insolvency and Bankruptcy Code, 2016.

NCLAT Ends CIRP on Principal and Interest Payment

June 15, 2023 732 Views 0 comment Print

NCLAT’s decision to end the CIRP against Bhagwandas R. Bhattad, following their complete payment of the principal amount and interest

Appeal before NCLT not maintainable as appellant is not member of the company

June 14, 2023 987 Views 0 comment Print

NCLAT Delhi held that an appeal under the Companies Act, 2013 would be available to a ‘person’ who is either a ‘Member’ of the Company or a ‘Creditor’ or a ‘Director’. Since, appellant is none of these, appeal before NCLT is not maintainable.

NCLAT Accepts Private Sale in Favor of Appellant

June 14, 2023 717 Views 0 comment Print

NCLAT approves Kuldeep Singh & Anr’s private sale against Sainsons Pulp and Papers Ltd. liquidator, highlighting full payment with interest after initial delay.

Condonation in filing of claim under Form-C based on bald explanation not allowable: NCLAT

June 13, 2023 426 Views 0 comment Print

NCLAT Chennai held that condonation in filing of claim under Form-C based on bald explanation without sufficient cause for the delay is not allowable.

Rejection of Resolution Plant for Non-Compliance with Section 29A(G) & Section 240A

June 12, 2023 513 Views 0 comment Print

NCLAT held that that the Adjudicating Authority rightly rejected the Resolution plan as the same didn’t complied with the provisions of Section 29A(G) read with Section 240A of the Insolvency and Bankruptcy Code, 2016.

Principle of Natural Justice Upheld by NCLAT

June 12, 2023 1191 Views 0 comment Print

Detailed review of NCLAT judgment in H S Oberoi Buildtech Pvt. Ltd. Vs Inderjit Singh & Anr., highlighting importance of principle of natural justice in passing orders

Vote via other modes in meeting of secured and unsecured creditors of Transferee company is allowable

June 10, 2023 579 Views 0 comment Print

NCLAT held that NCLT erred in not allowing to vote in other modes other than in person in meeting of secured and unsecured creditors of Transferee company as permitted as per Companies Act, 2013 and rules made thereunder.

Deciding validity or otherwise of Gift Deed is outside the jurisdiction of NCLT

June 10, 2023 990 Views 0 comment Print

NCLAT Delhi held that the NCLT has no jurisdiction to decide the validity or otherwise of the `Gift Deed’ more so when `fraud’ and `coercion’ is alleged.

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