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NCLAT

Approval of resolution plan proposing NIL amount to operational creditor upheld: NCLAT

September 27, 2024 690 Views 0 comment Print

NCLAT New Delhi held that proposing NIL amount doesn’t result into non-compliance of section 30(2)(b) of IBC. Hence, approval of resolution plan proposing NIL amount to Operational Creditor justified.

CIRP rightly initiated in absence of pre-existing dispute: NCLAT Delhi

August 29, 2024 672 Views 0 comment Print

NCLAT Delhi held that corporate debtor failed to demonstrate a pre-existing dispute at the time of filing an application u/s. 9 of IBC. Accordingly, concluded that application u/s. 9 of IBC duly admitted and CIRP rightly initiated.

Stock Exchange NOC Not Required for Revival Schemes of Liquidating Companies

August 28, 2024 801 Views 0 comment Print

NCLAT New Delhi held that prior NOC from stock exchanges under Regulation 37(1)(2) the SEBI (Listing Obligation and Disclosure Requirements), Regulations, 2015 [LODR] is not required for schemes for revival of companies undergoing liquidation under the Code.

ED ordered to uplift attachment over assets of Corporate Debtor in terms of Section 32-A of IBC, 2016

August 27, 2024 1026 Views 0 comment Print

NCLAT Delhi held that Successful Resolution Applicant is entitled to relief of extension of benefit of protection of Section 32-A of the Insolvency and Bankruptcy Code to lift the attachment by Enforcement Directorate (ED) over the assets of the Corporate Debtor.

Non-declaration of dividend & director changes not Oppression & Mismanagement: NCLAT Delhi

August 21, 2024 1227 Views 0 comment Print

NCLAT clarifies that non-declaration of dividend and director changes cannot be considered acts of oppression and mismanagement in family-run companies.

NCLAT Affirms Adjudicating Authority’s Power to Determine Fees & Expenses of RP

August 14, 2024 780 Views 0 comment Print

NCLAT Delhi upholds the jurisdiction of the Adjudicating Authority to determine fees and expenses of the Resolution Professional in the Raj Buildhome Pvt. Ltd. case.

Electricity supply during CIRP essential hence RP can take coercive step to collect amount for its payment: NCLAT Delhi

July 30, 2024 729 Views 0 comment Print

NCLAT Delhi held that electricity supply by NPCL, being in nature of supply of essential goods, was necessary to be continued during the period of moratorium (CIRP period).

Resolution professional not personally liable for payment made with approval of CoC: NCLAT Delhi

July 30, 2024 480 Views 0 comment Print

NCLAT Delhi held that personal liability cannot be fastened on Resolution Professional for any payment made after CIRP, where such payment is made with the approval of CoC.

RERA Allottee Financial Creditors Must Meet Threshold for Section 7 IBC Application

July 20, 2024 936 Views 0 comment Print

NCLAT Delhi ruled that financial creditors who are allottees under RERA must meet the threshold criteria to file a Section 7 application under IBC. Learn more about the judgment.

NCLAT Raps Practising Company Secretary Over Filing Appeal with Voluminous Records

July 20, 2024 831 Views 0 comment Print

Read the full text of the NCLAT judgment/order in A. Vijayan & Ors. vs Silver Line Retreat Hotels Pvt. Ltd. Understand why the tribunal criticized the filing of voluminous records and how it impacts legal proceedings.

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