NCLAT Delhi has upheld the decision of adjudicating authority (NCLT, Jaipur) who uphold decision of adjudicating authority (NCLT, Jaipur).
NCLAT rules that appeals under Section 61 of IBC are invalid after corporate debtor dissolution. Explore the judgment on corporate insolvency proceedings.
NCLAT Chennai held that appeal u/s. 60(5) of I&B Code, 2016 against order rejecting interlocutory application for seeking to declare the process memorandum for Resolution Plan incomplete is hereby allowed.
NCLAT Delhi held that the commercial wisdom of the Committee of Creditors [CoC] in rejecting resolution plan and opting for liquidation is non-justiciable. Accordingly, held that NCLT rightly refused to intervene in decision of CoC.
NCLAT Delhi held that regulation 16A(3A) of the CIRP Regulations has to be followed for replacement of Authorised Representatives. Adjudicating Authority duly relied on regulation 16A(3A) and rejected the application of the appellant.
NCLAT ruled that issue of whether workers were entitled to claim their dues under Industrial Disputes Act during layoff period should be decided by appropriate labour authorities and not within CIRP proceedings.
After considering submissions made by both parties it is held that there is no dispute that the appellant stood as a guarantor for the loan availed by the CD which has already been admitted into CIRP
NCLAT Delhi held that assignment agreement establishes absolute right of the corporate debtor over the property hence it is part of liquidation estate. Payment of unauthorised sub-letting charges doesn’t mean any valid sub-letting of property.
NCLAT Chennai held that after finalization of process of e-auction sale of Corporate Debtor, it cannot be permitted to consider Scheme of Arrangement proposed under section 230 of the Companies Act.
NCLAT Delhi held that initiated proceedings before the Debts Recovery Tribunal does not preclude Financial Creditors to take remedy under Section 7, which is a special remedy provided under the IBC.
