Submission of Appellant that since guarantee has not been invoked there is no debt cannot be accepted. Guarantee continues to bind Corporate Guarantor to discharge its liability and fact that as on date, guarantee has not been invoked, cannot be a ground for Appellant to be liquidated under Section 59 of IBC.
It is not the scope & objective of IBC to include Banks Financial Institutions who advanced loans to Home Buyers to be considered as Financial Creditors & included in CoC
NCLAT Delhi upholds NCLT decision against Rolta Private Limited’s assignment agreement as malafide, prolonging CIRP process. Full judgment analysis here.
Explore the detailed judgment in the Grand Developers Pvt. Ltd. vs. Nitin Batra & Ors. case by NCLAT Delhi, including key arguments, analysis, and conclusions.
Explore the implications of creditors initiating insolvency proceedings against personal guarantors under Section 95(1) of IBC in Shrenik Ashokbhai Morakhia Vs Reliance Asset Reconstruction Company Ltd. (NCLAT Delhi).
NCLAT Delhi rules NCLT lacks jurisdiction to modify appointed dates in commercial schemes once the Company Board approves. Read the detailed analysis and full judgment.
Explore the NCLAT judgment in Sanjay Kumar vs. Gannon Dunkerley & Co, emphasizing NCLT’s limited jurisdiction under IBC in cases of pre-existing disputes.
Learn about the NCLAT’s judgment in West Coast Paper Mills Ltd. Vs Bijay Murmuria case, where it upholds NCLT’s decision, rejecting parity treatment for related parties under IBC.
NCLAT Delhi rules that a claim for a security deposit refund is not an operational debt under the IBC, in the case of Carestream Health India vs Seaview Mercantile LLP.
The NCLAT Chennai ruled that Compulsory Convertible Debentures (CCD) without repayment obligations are considered financial debt under IBC. Learn more about the judgment.
