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NCLAT

Shareholder Has ‘No Locus Standi’ to Challenge Resolution Plan: NCLAT Chennai

February 8, 2024 693 Views 0 comment Print

Explore the NCLAT Chennai judgment on Ramesh Kesavan Vs CA Jasin Jose. CoC’s approval of Resolution Plan below Liquidation Value analyzed. Learn about Edelweiss exclusion, valuation concerns, and shareholder locus challenges.

Past Promoter or Director Role No Bar for Submitting Resolution Plan: NCLAT

February 8, 2024 384 Views 0 comment Print

NCLAT Delhi rules on eligibility of ex-promoter, Mr. Mahesh Mathai, to submit a Resolution Plan. Detailed analysis of Vishram Panchpor vs Committee of Creditors case.

Optionally Convertible Debentures covered within the purview of financial debt

February 3, 2024 1554 Views 0 comment Print

NCLAT New Delhi held that Optionally Convertible Debentures (OCDs) are the financial debt within the meaning of section 5(8)(c) of the Insolvency and Bankruptcy Code (IBC). Accordingly, application filed u/s. 7 admissible.

Claim on Goods not in Possession of Port Authority Not Secured Creditor under IBC: NCLAT

January 21, 2024 228 Views 0 comment Print

Explore the NCLAT Chennai judgment on V O Chidambaranar Port Authority vs Rajesh Chillale. Learn why a port’s claim without possession can’t be a secured creditor under IBC.

Non-Stamped Document Won’t Affect CIRP Maintainability if Material to Prove Debt Default Exists: NCLAT

January 13, 2024 732 Views 1 comment Print

Explore the NCLAT Delhi judgment on non-stamped documents affecting CIRP. Learn how it impacts the case of Hiren Meghji Bharani vs. Shankheshwar Properties Pvt. Ltd.

CoC Decision on Resolution Professional Replacement Upheld by NCLAT Delhi

January 13, 2024 441 Views 0 comment Print

In a case involving Partha Sarathy Sarkar vs. Specified Undertaking of Unit Trust of India Ltd., NCLAT Delhi upholds the CoC decision on replacing the Resolution Professional.

RP Empowered to Reject CoC’s Proposal for Bank Guarantees Renewal: NCLAT

January 9, 2024 333 Views 0 comment Print

Explore the NCLAT Delhi’s decision in IDBI Bank vs. Sumit Binani case, where the power vested in RP under IBC Section 25(1) to reject CoC’s proposal for renewal of bank guarantees is analyzed. Full judgment included.

No fee could be charged by Liquidator under scheme of section 230 of Companies Act, 2013

January 9, 2024 447 Views 0 comment Print

Appellant-Liquidator charged fee for the period from 15.03.2022 to 17.02.2023 as per the provisions of Regulation 4(2)(a) read with Proviso to Regulation 2B(3) of the Liquidation Regulations, 2016.

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

January 9, 2024 531 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 5604 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.

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