Held that initiation of CIRP under I&B code cannot be nullified by any order passed by SEBI nor can be a ground to reject an application.
Section 203 of Companies Act, 2013 states that every listed company and every other public company having a paid-up share capital of ten crore rupees shall have the CFO as whole-time key managerial personnel.
Limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of certified copy: NCLAT
Adjudicating Authority under Rule 43 of NCLT Rules, 2016, can call for any information or evidence as it may consider necessary in its discretion
Dinesh Mehta Vs Amit Kumar Mehta (NCLAT Delhi) This Appeal has been filed with 197 days delay in refiling the Appeal. Learned counsel for the Appellant submits that a document was to be filed alongwith the Appeal which has foreign origin – Sharjah, United Arab Emirates. He submits that time was taken to obtain translated […]
Since remanding of a resolution plan back to Committee of Creditors (COC) on the grounds of the procedural deviations raised by a dissenting minority in class of creditors, would render the CIRP a never ending process and was against the time bound resolution objective of the IBC.
If suit of Appellant is decreed, the claim being contingent, Appellant shall be entitled to claim from Successful Resolution Applicant
NCLAT held that time period of 7 days for removal of defects is directory and refiling after removal of defects not amounts to a fresh filing.
NCLAT held that Order passed by the Adjudicating Authority cannot be recalled on basis of overruling of the earlier Judgment. Otherwise, the litigation would never come to an end.
NCLAT held that Banker’s Certificate is not mandatorily required to trigger CIRP under Section 9 of IBC, 2016 (Code).
