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NCLAT

Cyrus mistry won case against tata sons in NCLAT

December 18, 2019 4389 Views 0 comment Print

The proceedings of the sixth meeting of the Board of Directors of ‘Tata Sons Limited’ held on Monday, 24th October, 2016 so far as it relates to removal and other actions taken against Mr. Cyrus Pallonji Mistry (11th Respondent) is declared illegal and is set aside.

Position of Amalgamation of Indian LLP Under Companies Act 2013

December 4, 2019 2649 Views 0 comment Print

Regional Director Vs Real Image LLP (NCLAT) Our Today’s article is about the Basic question that if an Indian LLP wants to process for the Amalgamation into a Indian Company, whether it required to obtain the registration under section 366 In the case of Regional Director, Southern Region, & Ors.  V. Real Images LLP. If […]

Single member cannot pass order on matter heard by two Members: NCLAT

October 25, 2019 1317 Views 0 comment Print

The order of ‘admission’ is challenged on the ground that the matter having been heard by two Hon’ble Members and the final order could not have been passed by Hon’ble Member (Judicial).

Promoter not eligible to file application for Compromise and Arrangement, while he is ineligible U/s. 29A of I&B Code to submit a ‘Resolution Plan’

October 24, 2019 2049 Views 0 comment Print

Promoter, if ineligible under Section 29A cannot make an application for Compromise and Arrangement for taking back the immovable and movable property or actionable claims of the ‘Corporate Debtor’.

ED cannot attach property of Corporate Debtor undergoing CIRP without prior approval of Appellate Tribunal

October 14, 2019 4008 Views 0 comment Print

The Director, Deputy Director and other officers of ‘Directorate of Enforcement’ are prohibited from attachment of any property of the ‘Corporate Debtor’ (Bhushan Power and Steel Limited) without prior approval of this Appellate Tribunal. The property already attached by them be released in favour of the ‘Resolution Professional’ immediately.

NCLAT allows extension of Time to Complete Insolvency resolution process

September 30, 2019 1890 Views 0 comment Print

M/s. Alpha Corp Development Pvt. Ltd. Vs M/s. Earth Infrastructure Ltd. (NCALT) In terms of third proviso of sub-section (3) of Section 12, as we find that the ‘Corporate Insolvency Resolution Process’ of the ‘Corporate Debtor’ is pending and has not been completed within the period referred to in the second proviso, we hold that […]

Group Insolvency of real-estate companies for a consolidated Resolution Plan allowed by NCLAT

September 20, 2019 3444 Views 0 comment Print

Edelweiss Asset Reconstruction Company Limited Vs Sachet Infrastructure Pvt. Ltd. (National Anti-Profiteering Authority) In these appeals as common order dated 7th March, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Special Bench, New Delhi, is under challenge and common question of law is involved, they were heard together and are disposed of by […]

NCLT cannot direct probe by SFIO into affairs of Company of defrauding creditors & others

September 20, 2019 12084 Views 0 comment Print

Mr. Lagadapati Ramesh Vs Mrs. Ramanathan Bhuvaneshwari (NCLAT Delhi) Section 212 does not empower the National Company Law Tribunal or the Adjudicating Authority to refer the matter to the Central Government for investigation by the ‘Serious Fraud Investigation Office’ even if it notices the affairs of the Company of defrauding the creditors and others. However, […]

Liquidation order of Amtek Auto Limited- Need to review provisions of IBC 2016

August 16, 2019 2763 Views 0 comment Print

Recently the Delhi bench of National Company Law Appellate Tribunal (NCLAT) has passed an order for liquidation in the case of Amtek Auto Limited. The two-judge Bench headed by Justice S J Mukhopadhya, stated in its order ‘As we have noted that more than 270 days have been completed much earlier and no case is made to exclude any period, we hold that adjudicating authority has no other option but to pass order of liquidation.’

IBC: Claim not barred by limitation if appellant approaches appropriate forum in time

July 23, 2019 5727 Views 0 comment Print

Explore NCLAT’s decision on limitation in Sanghvi Movers Ltd. vs. Tech Sharp case. Key insights on approaching forums for timely relief and implications for IBC cases.

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