Aashish Kadam Vs Nagpur Nagarik Sahakari Bank Ltd. (NCLAT Delhi) The submission which has been raised by Shri Shikhil Suri is that the document by which Secured Cash Credit Facility was extended to the Corporate Debtor is not a stamped and on account of document having not been stamped, the said document could not have […]
Once the Plan is approved by the Adjudicating Authority under Sub- Section (1) of Section 31 it shall be binding on the Creditors including the Operational Creditors i.e. the Appellants herein.
Jagbasera Infratech Private Ltd. Vs Rawal Variety Construction Ltd. (NCLAT Delhi) Clause 15 of the Memorandum of Understanding specifies that ‘promoter’ shall be entitled to raise loans in its own name from banks/financial institutions for the project. There shall be no liability on the Developer for repayment of the loans or interest.” A careful perusal […]
SC held that the Sale Certificate is merely the evidence of such title and the Auction Purchaser derives title on confirmation of sale in his favour and a Sale Certificate is issued evidencing such sale and title and no further deed of transfer from the Court is contemplated or required.
Mukul Agarwal Vs Royale Resinex Pvt. Ltd. (NCLAT Delhi) Facts- The Operational Creditor supplied poly propylene to the Corporate Debtor as per the demand raised by the Corporate Debtor. Invoices were raised in the name of the Corporate Debtor. The Operational Creditor filed a Civil Suit No.149 of 2015 against the Corporate Debtor for recovery […]
A ‘going concern sale’ on an ‘as is where basis’ does not dissolve the corporate debtor, rather, it forms a part of the liquidation estate wherein the entire business, including assets and liabilities, including all contracts, licences, concessions, agreements, benefits, privileges, rights, or interests, is transferred to the purchaser. Therefore, it was concluded that the sale of a company as a ‘going concern’ means sale of both its assets and liabilities if it is stated on ‘as is where is basis’.
Sharavan Kumar Vishnoi Vs. Upma Jaiswal & Anr (NCLAT Delhi) Whether the Resolution Professional can decide the Eligibility under Section 29A Of the Insolvency And Bankruptcy Code, 2016 (hereinafter referred to as Code) FACTS: The Appeal being Company Appeal (AT) (Ins.) No.371 of 2022 has been filed by the Resolution Professional challenging the order. It […]
Sikander Singh Jamuwal Vs Vinay Talwar (NCLAT Delhi) What is very much clear from the submissions made by the Ld counsel for the parties and the documents available on record that the Resolution Plan fails to consider the payment of provident fund dues as computed by the Assistant Provident Fund Commissioner vide its order dated […]
A person falling under definition of Corporate Debtor as defined under provisions of IBC, 2016, whether incorporated in India or outside India has right to file CIRP Application under provisions of Section 9 of the IBC,2016 in India.
NCLAT Chennai dismisses appeal on Resolution Professional change. Highlights Committee of Creditors’ authority in replacing Resolution Professional during CIRP.
