NCLAT Chennai upholds rejection of Dr. Thoyajakshi Bai Sakranaik’s plea against Patanjali Hospitals, citing continuous breach of service contract and conduct detrimental to the company.
NCLAT Delhi held that once moratorium is declared, suspended management is also strictly prohibited from directly or indirectly deploying the funds of the Corporate Debtor unilaterally, without the authorisation of IRP, to clear any dues of any Financial Creditor or Operational Creditor.
NCLAT Delhi held that claim of gratuity with interest was fully included within the meaning of operational debt under section 5(21) of the Insolvency and Bankruptcy Code, 2016 [IBC] and accordingly, application under Section 9 of IBC was fully maintainable.
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.
