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NCLAT

NCLT direction to handover Corporate Debtor to ex-management due to stay of CIRP unjustified

January 9, 2024 1056 Views 0 comment Print

NCLAT Delhi held that Adjudicating Authority (NCLT) directing Resolution Professional to handover the Corporate Debtor to the ex-management on account of stay of the CIRP is wholly unjustified and accordingly such direction is liable to be set aside.

NCLAT Upholds Rs. 5000/Day Compounding fees for 20+ Directorships in Karan Samtani case

January 3, 2024 6378 Views 0 comment Print

National Company Law Appellate Tribunal (NCLAT) recently upheld the compounding fees of Rs. 5000 per day in the case of Registrar of Companies vs. Karan Kishore Samtani.

Successful Auction Purchaser entitled for certain reliefs to run corporate debtor as going concern

January 2, 2024 1578 Views 0 comment Print

NCLAT Delhi held that the Successful Auction Purchaser is entitled to receive certain reliefs and concessions to run the Corporate Debtor as going concern.

RERA has locus to file an appeal against order initiating CIRP

January 2, 2024 990 Views 0 comment Print

NCLAT Delhi held that RERA (Real Estate Regulatory Authority) being an aggrieved person under section 61 of I&B Code 2016 has a locus to file an Appeal against order initiating Corporate Insolvency Resolution Process (CIRP).

Financial assistant in JVA by way of Inter-corporate Deposit doesn’t qualify as financial debt

January 2, 2024 747 Views 0 comment Print

NCLAT Delhi held that financial assistance given by the Appellant in a Joint Venture Agreement (JVA) by way of an Inter-Corporate Deposit (ICD) does not fall within the canvas of financial debt as defined u/s. 5(8) of the IBC. Hence, CIRP application u/s 7 not entertained.

Income Tax Department’s Allocation Dispute in NCLAT Delhi Judgment

December 22, 2023 762 Views 0 comment Print

Explore the NCLAT Delhi judgment on Income Tax Department’s dispute over Rs.26,06,41,424 allocation in Resolution Plan. Analysis, implications, and key insights revealed.

NCLAT Chennai: Malavika Hegde vs. IndusInd Bank – Settlement Terminates CIRP

September 14, 2023 1401 Views 0 comment Print

Read full text of NCLAT Chennai order in case of Malavika Hegde vs. IndusInd Bank, where a settlement led to termination of CIRP proceedings.

Settlement between parties cannot be directed by way of an order under IBC: NCLAT

September 14, 2023 1536 Views 0 comment Print

NCLAT Chennai held that any kind of settlement is between the Parties and no settlement can be directed by way of an Order under the Provisions of Insolvency and Bankruptcy Code, 2016 (IBC, 2016).

Memorandum of Compromise signed by a resigned director is invalid: NCLAT

September 4, 2023 849 Views 0 comment Print

Detailed analysis of NCLAT Chennai’s ruling in K Parthiban Rasu Vs Umiya Development Centre India Pvt. Ltd. & SBI case. Learn how it impacts insolvency law.

Detailed enquiry requested by NCLAT as approaching court with fabricated document become rampant

September 1, 2023 843 Views 0 comment Print

NCLAT Delhi requested the Secretary, Ministry of Corporate Affairs, Govt of India to get detailed enquiry/ investigation by an appropriate authority/agency as in number of court proceedings the parties are coming with fabricated document.

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