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NCLAT

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

September 1, 2023 603 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.

Resolution Professional needs to charge fees in transparent manner: NCLT

September 1, 2023 582 Views 0 comment Print

NCLAT Delhi held that the First Schedule of IBBI (Insolvency Professionals) Regulations, 2016 provides that the Resolution Professional is expected to charge his fees in a transparent manner which should be a reasonable reflection of the works undertaken rather than maximizing their own personal benefits.

NCLAT Upholds Extension of 90 Days Beyond 300-Day Limit for CIRP

September 1, 2023 1518 Views 0 comment Print

NCLAT held that the Adjudicating Authority rightly granted an extension of 90 days period after expiry of 300 days for fresh issuance of Form-G and completion of CIRP process.

NCLT has jurisdiction to remit resolution plan for reconsidering amendments requested by successful resolution applicant

August 31, 2023 471 Views 0 comment Print

NCLAT Delhi held that there is NCLT (National Company Law Tribunal) has jurisdiction to remit the plan for reconsidering the amendment which the Successful Resolution Applicant himself was requesting to be carried out.

Fees of Resolution Professional rightly reduced for non-completion of CIRP in time bound manner

August 31, 2023 846 Views 0 comment Print

NCLAT Delhi held that adjudicating authority rightly reduced fees payable to Resolution Professional on failure in complying with his responsibilities of completing CIRP in a time bound manner.

Operational creditor can initiate CIRP against Corporate Debtor only in clear cases

August 31, 2023 753 Views 0 comment Print

NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.

Suspension of initiation of CIRP applies to date of default

August 31, 2023 537 Views 0 comment Print

NCLAT Chennai held that suspension of initiation of CIRP (Corporate Insolvency Resolution Process) as per provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 applies to date of default i.e. 31.03.2020.

Tata Power’s Service Connection Application to be Considered Without Arrear Payment: NCLAT

August 30, 2023 387 Views 0 comment Print

NCLAT rules in favor of Tata Power, stating no arrears payment needed before the date of Resolution Plan approval against Jagannath Sponge Pvt Ltd.

NCLAT Dismisses Kotak Mahindra’s Appeal: Scope Limited After ‘Approval of Resolution Plan

August 30, 2023 558 Views 0 comment Print

NCLAT Chennai dismisses Kotak Mahindra Bank’s appeal in the Orchid Pharma case, affirming limited authority post approval of resolution plan. Analysis and conclusion provided.

Minority Shareholder cannot challenge Director Induction if not attended Board Meetings

August 30, 2023 675 Views 0 comment Print

A deep dive into NCLAT Chennai judgment on minority shareholder rights & Board Meetings in case of Radhakrishnan Babu Nirmala Vs Precise Limbus Eye Care.

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