The appellate tribunal held that substituting the investigating agency did not amount to a review or recall. Since the original investigation order remained intact, the appeal was dismissed.
NCLAT upheld rejection of a claim filed nearly three years late during liquidation. The ruling confirms that inordinate delays without valid explanation cannot be condoned.
The tribunal held that a petition is not maintainable where the applicant is neither a shareholder nor member, and where disputes stem from a private MoU rather than company affairs.
The appellate tribunal upheld dismissal of a belated company appeal, holding that limitation ran from the date the appellant admitted knowledge of the transfer. Time spent in a prior civil suit could not be excluded, and the appeal remained time-barred.
An unregistered Agreement to Sell (A2S) did not prevent recognition of asset transfer in the context of Corporate Insolvency Resolution Process (CIRP) as once consideration was paid and possession transferred
The issue concerned an incorrect prayer reproduced in an appellate order. The Tribunal allowed correction and directed insertion of the proper prayer from the application.
The appellate tribunal declined to entertain the appeal citing absence of grounds. It clarified that the impugned order would not prevent the appellant from raising all legal pleas in any future proceedings.
The issue was whether absence of a default date invalidates an invoice-based demand notice. NCLAT held that Form-4 notices do not require a specific default date and restored the insolvency application.
The issue was whether disputed receivables could be recovered through NCLT during liquidation. The tribunal held that uncrystallised contractual claims fall outside Section 60(5) of the IBC.
The Appellate Tribunal upheld dismissal of a CIRP application after finding that the creditor’s own pleadings fixed the default during the Section 10A exclusion period. The key takeaway is that insolvency proceedings are permanently barred for such defaults.
