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NCLAT

Dissolution Order sustained on failure of promoters to project resolution plan within time

June 26, 2023 705 Views 0 comment Print

NCLAT Chennai held that ‘Order of Dissolution’ sustainable as the ‘Promoters’ failed to project the ‘Resolution Plan’ within the specified time limit.

NCLAT allows Opportunity to Object Resolution Plan Granted

June 20, 2023 681 Views 0 comment Print

Examine the recent NCLAT Delhi verdict in the UTI Employees Sai Samruddhi Cooperative Housing Society Vs PNB Housing Finance Ltd. & Ors. case, emphasizing the significance of allowing objections in resolution plans.

In absence of ‘Proofs of Receipt’ it is concluded that notices were never served

June 19, 2023 1296 Views 0 comment Print

NCLAT Delhi held that Notices were never served on the Petitioner/Respondent as there are no ‘Proofs of Receipt’, filed by the Appellant.

Struck off name of company from register of ROC sustained due to zero revenue

June 19, 2023 1407 Views 0 comment Print

NCLAT Delhi held that struck off the name of the company from the register of Registrar of Companies sustainable as Audited Financial Statement of two immediately preceding Financial Year reflect ‘zero revenue’ from its operations.

Claim of eligibility u/s 29A of IBC duly rejected as MSME certificate obtained subsequent to initiation of CIRP

June 16, 2023 2697 Views 0 comment Print

NCLAT Chennai held that as the Application for MSME certificate was made after the commencement of CIRP, such unauthorized Application cannot be considered and cannot tide over ineligibility under Section 29-A of the Insolvency and Bankruptcy Code, 2016.

NCLAT Ends CIRP on Principal and Interest Payment

June 15, 2023 969 Views 0 comment Print

NCLAT’s decision to end the CIRP against Bhagwandas R. Bhattad, following their complete payment of the principal amount and interest

Appeal before NCLT not maintainable as appellant is not member of the company

June 14, 2023 1185 Views 0 comment Print

NCLAT Delhi held that an appeal under the Companies Act, 2013 would be available to a ‘person’ who is either a ‘Member’ of the Company or a ‘Creditor’ or a ‘Director’. Since, appellant is none of these, appeal before NCLT is not maintainable.

NCLAT Accepts Private Sale in Favor of Appellant

June 14, 2023 930 Views 0 comment Print

NCLAT approves Kuldeep Singh & Anr’s private sale against Sainsons Pulp and Papers Ltd. liquidator, highlighting full payment with interest after initial delay.

Condonation in filing of claim under Form-C based on bald explanation not allowable: NCLAT

June 13, 2023 624 Views 0 comment Print

NCLAT Chennai held that condonation in filing of claim under Form-C based on bald explanation without sufficient cause for the delay is not allowable.

Rejection of Resolution Plant for Non-Compliance with Section 29A(G) & Section 240A

June 12, 2023 837 Views 0 comment Print

NCLAT held that that the Adjudicating Authority rightly rejected the Resolution plan as the same didn’t complied with the provisions of Section 29A(G) read with Section 240A of the Insolvency and Bankruptcy Code, 2016.

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