NCLAT held that invoices with default dates beyond the Section 10A period cannot be barred under the COVID suspension provision. The ₹2.36 crore claim was restored for fresh consideration.
NCLAT Delhi held that demand notice under section 13(2) of the SARFAESI Act is a valid notice of invocation of personal guarantee for the Insolvency proceeding. Accordingly, appeal is dismissed.
The Tribunal ruled that invoices from 2016–2017 were barred by limitation and unilateral ledger transfers could not revive the claim under the IBC.
NCLAT held that debt acknowledgment in principal borrower’s balance sheet extends limitation against corporate guarantor under Section 18. Dismissal on limitation was set aside.
NCLAT held that provident fund dues assessed during moratorium under Section 14 IBC cannot be admitted in CIRP. The resolution plan providing ₹5,000/- was upheld.
NCLAT Chennai amendment application in company law matter not allowable since the order doesn’t record any reasoning. Accordingly, order stand quashed and question of maintainability is remitted back to be considered afresh.
The Appellate Tribunal held that no further contempt proceedings were warranted over 2023 publications. It noted the delay and pendency of related civil proceedings before the High Court.
NCLAT Delhi held that termination of contract not triggered by the insolvency of Corporate Debtor and therefore not barred by moratorium under section 14 of the Insolvency and Bankruptcy Code [IBC]. Accordingly, appeal held as devoid of merit.
NCLAT Delhi held that the threshold criteria is applicable at the time of filing Section 7 application under Insolvency and Bankruptcy Code and not subsequently. Accordingly, the present appeal is allowed and order is set aside and remanded back.
The appellate tribunal upheld rejection of a tax claim submitted long after the liquidation deadline. The ruling reiterates that belated claims cannot be entertained once liquidation has progressed.
