NCLAT Chennai quashes NCLT’s order and grants Dunzo Digital Pvt. Ltd. a final chance to file objections to proceedings under Section 9 of the I&B Code.
It was the case of the appellant that he acquired rights from the respondent in pursuant to the agreement dated 07.09.2006. Property (shop) in question were part of government grant hence does not require registration.
Appellant-personal guarantor had signed a deed of guarantee for a corporate debtor’s credit facilities. Following the debtor’s default, the bank issued a Section 13(2) notice demanding Rs. 32.60 crore from the appellant.
On an Application filed u/s. 7 by the UCO Bank against the Corporate Debtor M/s. Shree Shyam Pulp and Board Mills, Corporate Insolvency Resolution Process (CIRP) commenced by Order dated 27.03.2019.
NCLAT Delhi held that arbitration notice evidences a pre-existing dispute, thus, section 9 application filed by Operational Creditor for initiation of Corporate Insolvency Resolution Process (CIRP) rightly rejected.
NCLAT Delhi held that unilateral revocation of guarantee by the guarantor does not absolve him from his obligations under the guarantee agreement as the Financial Creditor has not agreed to such revocation.
NCLAT Chennai held that a right to judicial remedies is a right which is safeguarded by Article 21 of the Constitution of India. Thus, deprival of remedies available under Article 21 is unjustifiable and hence it is directed to revive back the company petition.
NCLAT Delhi held that resolution professional whose resolution plan was once rejected by the Committee of Creditors [CoC] is free to participate in fresh process initiated by fresh Form G for inviting Expression of Interest.
Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over matters dehors the insolvency proceedings since such matters would fall outside the realm of IBC.
Where application under section 95 of Insolvency Bankruptcy Code (IBC), 2016 was filed, the same was permitted to be filed by a creditor in his individual capacity or jointly with other creditors or through a Professional (RP).
