Courts: NCLAT
Read latest NCLAT judgments and orders on insolvency, IBC, company law, corporate disputes, competition matters and other appellate proceedings.
Adjudicating Authority not empowered to modify conditions in resolution plan
Security deposit payment for restoration of high tension electricity connection mandatory for Corporate Debtor
Scheme of compromise and arrangement found to be beneficial to related creditors hence liquidation sustained
Section 66 doesn’t specify look back period for fraudulent trading
Trust is included in definition of ‘person’ hence can be a ‘resolution applicant’
Financial creditors insolvency application maintainable for “interest alone” even if principal amount is not due
Disputes Pertaining to Contractual Issues not to be Resolved in Section 9 IBC Proceedings
147 Days delay in filing Appeal was condoned on basis of equity
Operational Creditors can be classified for deciding manner of distribution of money by CoC
Scheme of amalgamation allowed as net worth of transferor and transferee company is highly positive
Appeal u/s 7 of IBC becomes infructuous as recommendation to liquidate company is already pending
Section 96(1)(b) of I & B Code doesn’t contemplate stay to any future liability
Provident fund dues are to be paid in full by Corporate Debtor
No Prohibition for appearance in representing different Company, in separate proceedings u/s 7 IBC: NCLAT
NCLAT brings together judgments and orders of the National Company Law Appellate Tribunal published on TaxGuru. The archive covers appeals involving the Insolvency and Bankruptcy Code, company law, corporate insolvency resolution, liquidation, oppression and mismanagement and other matters falling within NCLAT’s jurisdiction, including applicable competition-law proceedings. Insolvency professionals, companies, creditors, resolution applicants, Chartered Accountants, Company Secretaries and advocates can use this category to research NCLAT precedents and follow important developments in insolvency and corporate jurisprudence.
