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NCLAT

Liquidation proceeds to be distributed in proportion to admitted claim of secured creditors

February 8, 2025 147 Views 0 comment Print

NCLAT Delhi held that distribution of liquidation proceeds has to be in proportion to the admitted claim of secured creditors as per section 53(1) of the Insolvency and Bankruptcy Code and the same cannot be on the basis of security interest of different secured creditors.

Insolvency Application was maintainable against Personal Guarantor u/s 60(1) even if there was absence of pending CIRP against CD

February 3, 2025 258 Views 0 comment Print

The view that NCLT had no jurisdiction to entertain Section 95 Application filed by the Financial Creditor and the Application ought to have been filed before the DRT was not valid.

Extension of moratorium period beyond 180 days impermissible: NCLAT Delhi

February 1, 2025 276 Views 0 comment Print

NCLAT Delhi held that as per expressed provisions of section 101(1) of the Insolvency and Bankruptcy Code, 2016 moratorium period cannot be extended beyond 180 days. Accordingly, appeal dismissed.

IBC: Appeal Delay Beyond 15 Days Not Condonable – NCLAT Delhi

February 1, 2025 363 Views 0 comment Print

NCLAT Delhi dismisses Kotak Mahindra Bank’s appeal, ruling that delays beyond 15 days under Section 61(2) of IBC cannot be condoned.

Central Excise Claims Not Secured Debt: NCLAT Delhi

February 1, 2025 159 Views 0 comment Print

NCLAT rules that Central Excise claims under Section 11E are not secured debts, upholding the resolution plan for Cengres Tiles Ltd.

Adjudicating Authority should recall u/s 11 in case orders were obtained through Fraud

January 31, 2025 105 Views 0 comment Print

The matter was heard by the Adjudicating Authority on which date the impugned order was passed recalling the order and restoring the Company Petition and the two IAs.

Penalty was leviable on Meta and ban was stayed on WhatsApp’s Data-Sharing Policy

January 31, 2025 102 Views 0 comment Print

CCI penalized Meta in November 2024 for alleged unfair business activities related to WhatsApp’s amended privacy policy from 2021. Users had to agree to data-sharing conditions with Meta entities in order to receive the update.

CoC’s Approval of Resolution Plan Not Reviewable unless Statutory Violations Occur

January 30, 2025 204 Views 0 comment Print

NCLAT upheld the approval of the Resolution Plan for Jason Dekor, dismissing procedural violations and emphasizing the CoC’s commercial wisdom.

Financial Creditor’s can Invoke Pledge; IBC Application can e Admitted Despite Settlement Attempts: NCLAT

January 30, 2025 222 Views 0 comment Print

NCLAT upholds CIRP initiation against Amit Yogesh Satwara’s firm due to financial default despite partial payment efforts and share pledge dispute.

Fraudulent and malicious initiation of CIRP can be recalled: NCLAT Delhi

January 29, 2025 141 Views 0 comment Print

NCLAT Delhi held that in case there is fraudulent and malicious initiation of Corporate Insolvency Resolution Proceedings [CIRP], adjudicating authority has jurisdiction under the IBC to recall CIRP admission order.

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