NCLAT Delhi held that cartelisation and bid rigging/ collusive bidding in tender is clearly established in public welfare tender by common IP address and identical bidding. Accordingly, penalty for being engaged in bid rigging and cartelisation duly imposed.
NCLAT held that where the Guarantee Deed capped total liability at ₹75 lakhs in aggregate, the ₹1 crore threshold under Section 4 of IBC was not met. The Section 7 insolvency application was set aside for lack of jurisdiction.
NCLAT Delhi held that post approval of Resolution Plan, the Committee of Creditors [CoC] itself is also bound by its finality and cannot be allowed to tinker with or modify the resolution plan including mechanism of distribution. Accordingly, the appeal is dismissed.
NCLAT held that invoices with default dates beyond the Section 10A period cannot be barred under the COVID suspension provision. The ₹2.36 crore claim was restored for fresh consideration.
NCLAT Delhi held that demand notice under section 13(2) of the SARFAESI Act is a valid notice of invocation of personal guarantee for the Insolvency proceeding. Accordingly, appeal is dismissed.
The Tribunal ruled that invoices from 2016–2017 were barred by limitation and unilateral ledger transfers could not revive the claim under the IBC.
NCLAT held that debt acknowledgment in principal borrower’s balance sheet extends limitation against corporate guarantor under Section 18. Dismissal on limitation was set aside.
NCLAT held that provident fund dues assessed during moratorium under Section 14 IBC cannot be admitted in CIRP. The resolution plan providing ₹5,000/- was upheld.
NCLAT Chennai amendment application in company law matter not allowable since the order doesn’t record any reasoning. Accordingly, order stand quashed and question of maintainability is remitted back to be considered afresh.
The Appellate Tribunal held that no further contempt proceedings were warranted over 2023 publications. It noted the delay and pendency of related civil proceedings before the High Court.
