NCLT Allahabad held that financial creditor duly established existence of financial debt and default thereon on the part of the Corporate Debtor i.e. Bhagwati Rice Mills Pvt. Ltd. hence application filed u/s. 7 for initiation of Corporate Insolvency Resolution Process admitted.
NCLT Mumbai held that resolution plan for Latakisan Construction P. Ltd. as submitted by Successful Resolution Applicant stands approved as approved by 100% Committee of Creditors. Accordingly, resolution plan is allowed.
NCLT Mumbai held that since existence of financial debt and default thereon is established, application filed under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency and Resolution Process [CIRP] against Proto D Industries Pvt. Ltd. [Corporate Debtor] is admitted.
The NCLT Mumbai dismissed belated employee claims for salary and PF submitted after the CoC approved two resolution plans. Timely claim submission under the IBC is mandatory to avoid obstructing CIRP.
The Tribunal held that the SARFAESI notice constituted a valid invocation of the guarantee and admitted the insolvency process. It ruled that the arbitral award refreshed limitation and objections on maintainability could not stand.
The Tribunal noted non-payment of significant dues, including EDC payable to ADA and tax liabilities, and admitted the Section 10 application, commencing CIRP and appointing an IRP.
The Tribunal admitted the insolvency petition after finding that the loan amount and default were undisputed. The ruling emphasizes that proven debt and default require admission under Section 7.
NCLT Mumbai held that an operational creditor, cannot be converted into a financial creditor by way of a Settlement with the corporate debtor. Accordingly, application for classification of claim as financial creditor dismissed.
The Tribunal admitted a Section 7 insolvency petition after finding default exceeding ₹1 crore and noting the debtor’s non-appearance. Key takeaway: uncontroverted financial debt and default mandate CIRP admission.
NCLT Delhi held that application under section 33(2) of the Insolvency and Bankruptcy Code for liquidation of Corporate Debtor [M/s. VHV Beverages Private Limited] is allowed as decided by Committee of Creditor [CoC]. Accordingly, the present application is allowed.
