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 […]
NCLAT Delhi held that State Tax Department is secured creditor under section 53 of the Insolvency and Bankruptcy Code [IBC] hence resolution plan approved without considering the same is in violation of statutory provision.
NCLAT Delhi held that rejection of resolution plan on the ground of valuation of assets of Corporate Debtor not sustainable since no objection to the valuation conducted of the Corporate Debtor was raised by any stakeholders.
NCLAT Delhi held that filing of application u/s. 7 of the IBC even after agreeing on restructuring of loan by majority of lenders is justifiable since all Lenders have their independent rights to take such measures as per their Bank’s policy.
NCLT can also exercise inherent jurisdiction under Rule 11 in a case where NCLT is of the view that copy of the order need to be forwarded to the relevant statutory authorities, it can forward the copy for doing needful.
NCLAT Delhi affirms Corporate Debtor’s insolvency, ruling alleged coal quality dispute an afterthought after demand notice lacked timely response.
Hon’ble Supreme Court in Consolidated Construction Consortium Ltd. vs Hitro Energy Solutions Pvt (2022) 7 SCC 164 has held that with respect to the fact that receiver of goods who has paid advances is also an Operational Creditor.
NCLAT Delhi held that statutory provisions of section 43 of the Insolvency and Bankruptcy Code [IBC] empowers resolution professional to file application for avoidance of preferential transactions. Hence, application filed by homebuyers rightly not entertained.
